FAO No. 2883 of 2010 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on 19.7.2010. Gurdev Singh --Appellant vs. Baljinder Kaur and others -- Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Baljinder Singh, Advocate, for the appellant Rakesh Kumar Jain, J, This appeal is directed against the order dated 12.10.2009 passed by Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur, by which election petition filed by the appellant challenging the election of respondent No.1 as Panch in the general category (Women), has been dismissed. In order to constitute seven members of Gram Panchayat, Bhikhariwal, Block Kalanaur, Tehsil and District Gurdaspur, elections were held on 26.5.2008 for four seats of General Category, two seats of General Candidates (Women) and one seat of Backward Class (Man). In the said election, according to the election petitioner, he along-with Gurmit FAO No. 2883 of 2010 (O&M) 2 Singh, Balbir Singh and Mangal Singh were declared elected from General Category (Men), whereas Jasbir Kaur and Joginder Kaur were declared elected from General Category (Women) and Jaswant Singh was elected from Backward Class Category. According to him, respondent No.1. Baljinder Kaur, after three days of the election, proclaimed in the village that she has been declared elected by the Returning Officer in the General Category (Women) whereas Jasbir Kaur was elected in the General Category. Since Gurmit Singh polled 149 votes, Balbir Singh 92 votes, Mangal Singh 90 votes and election petitioner Gurdev Singh 87 votes, therefore, while considering Jasbir Kaur in the General Category, who had secured 115 votes, the election of petitioner was set aside. According to him, he made a complaint against the Returning Officer to the Addl. Deputy Commissioner (D), but his request fell on the deaf ear, therefore, election petitioner filed a writ petition in this Court which was disposed of on 12.6.2008 with a direction to the Addl.Deputy Commissioner (D) and District Election Officer,Gurdaspur to enquire into the matter, who held that Jasbir Kaur had contested the election from general category but has been wrongly kept in General Category (Women). On the pleadings of the parties, issues were framed and after taking the evidence, the Tribunal observed as under:- “Onus to prove this issue was upon the petitioner. The main contention of the petitioner is that Jasbir Kaur respondent No.2. had contested for lady Panch Category but she has been illegally considered in the General Category, so that respondent No.1 could be considred as elected candidate for the seat of Lady Panch. However, the copy of nomination papers of FAO No. 2883 of 2010 (O&M) 3 Jasbir Kaur, Ex.R-1, makes it clear that Jasbir Kaur had filed her nomination papers for General Panch Category and as per result declared, the respondent No.1. was declared elected from the category of lady Panch (category) and respondent No.2. from the General Panch Category. The petitioner could not prove that the nomination papers of respondent No.2. were filed in Lady Panch Catgory. Therefore, this issue is decided against the petitioner”. Although, learned counsel for the appellant has argued that the impugned order is illegal, but he could not find any fault with the finding of fact recorded to the effect that nomination papers (Ex.R-1) of Jasbir Kaur clearly provides that she had contested in the General Category, whereas the respondent had contested in the General Caregory (Women). In view of the finding of fact recorded by the Tribunal, I do not find any error in the impugned order and as suich this appeal is hereby dismissed in limine. No costs. 19.7.2010 (Rakesh Kumar Jain) RR Judge