Letters Patent Appeal No.1156 of 2011 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.1156 of 2011 (O&M) Date of decision: 5.9.2011 Balwinder Singh ...Appellant Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Mehtab Singh Chicha, Advocate for the appellant. ADARSH KUMAR GOEL, ACJ. This appeal has been preferred against order of the learned Single Judge quashing the election of Satnam Singh respondent no.13 as Sarpanch and directing fresh election. The elections to the Panchayats were held in the year 2008 and Satnam Singh respondent no.13 was elected as Sarpanch on 21.7.2008. The same was challenged by filing writ petition in this Court alleging that notice for meeting for holding election was not duly served. This stand was contested by Satnam Singh respondent no.13. The learned Single Judge, after considering the matter, found that the false record was prepared for election of Satnam Singh respondent no.13. Accordingly, the election was set aside and the writ petition was allowed. Fresh election was directed to be held. While allowing the writ petition, a direction was also issued to hold enquiry, fix responsibility and initiate disciplinary proceedings and also to consider desirability of filing of criminal case against the persons responsible for forgery. Since the appellant was Letters Patent Appeal No.1156 of 2011 -2- *** Returning Officer for the election, he is aggrieved by the impugned order. We have heard learned counsel for the appellant. Contention raised on behalf of the appellant is that he stands punished by the direction to hold enquiry as he will have no opportunity in view of finding recorded. We are unable to accept the submission. The finding recorded by the learned Single Judge is that earlier election was vitiated. Direction for fixing responsibility and consequential disciplinary or penal action will be after due hearing in which the appellant will have full opportunity. There is, thus, no ground to interfere. The appeal is dismissed. (Adarsh Kumar Goel) Acting Chief Justice September 05, 2011 (Ajay Kumar Mittal) Pka Judge