FAO No.2060 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2060 of 2010 (O&M) Date of Decision: 20.4.2010 Harbans Lal .... Appellant. Versus Vishesh Kumar and others . .... Respondents. CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Balbir Singh, Advocate for the appellant. RAKESH KUMAR JAIN J. This appeal is directed against the order of Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur dated 23.10.2009 vide which election petition filed by the appellant has been dismissed. The ground for challenging the election of the returned candidate is that he is in unauthorised possession of the Panchayat land, therefore, as per Section 208(1)(k) of Punjab Panchayati Raj Act, 1994 (for short `Act No.9 of 1994') he was not eligible to contest the election. It is now well settled by the Supreme Court in the case of Som lal Vs. Vijay Lakshmi and others 2008(2) RCR(Civil) 760 that the provisions of Section 208(1)(k) would not apply as the same is not available in Section 11 of Punjab State Election Commission Act, 1994 (for short `Act No.19 of 1994) and since Act No.19 of 1994 is subsequent to Act No.9 of 1994, therefore, provisions of Act No.19 of 1994 would not apply until and unless they are consistent with the provisions of Act No.19 of 1994. FAO No.2060 of 2010 -2- In view of the above, I do not find any merit in the present appeal and the same is hereby dismissed in limine. (RAKESH KUMAR JAIN) 20.4.2010 JUDGE Meenu