IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 14903 of 2008 DATE OF DECISION : APRIL 30, 2009 SURJIT SINGH ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sanjiv Pandey, Advocate, for the petitioner(s). Mr. AK Sharma, Senior DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India prays for issuance of a direction to respondent No.3 i.e. Deputy Director, Local Bodies-cum-Election Tribunal, Ludhiana, to decide the election petition bearing No.1 of 2008 dated 29.8.2007, filed by the petitioner in challenge to the election of respondent No.4, who was elected as a Councillor of Ward No.12, Municipal Corporation, Ludhiana. It has been pleaded that under the provisions of Section 80 (5) Civil Writ Petition No. 14903 of 2008 2 and (6), Punjab State Election Commission Act, 1994 (for short 'the Act'), it has been provided that trial of an election petition be conducted on day to day basis and the election petition decided expeditiously, preferably within 6 months. Vide order dated 9.1.2009, the State Election Commission, Punjab, was directed to inform the Court as to the steps taken for the expeditious disposal of the election petition, in terms of the provisions of the Statute. In response, an affidavit has been filed by Shri Yashvir Mahajan, Secretary, State Election Commission, Punjab, Chandigarh. The following has been stated therein:- “2. That in compliance of the directions of the Hon'ble Court, the Hon'ble State Election Commissioner had written a demi official letter (copy annexed as R-I) to Chief Secretary to Government Punjab to take immediate action for the disposal of election petitions within the stipulated period of six months on the day to day sittings by the Presiding Officers in terms of section 80 (5) & (6) of the Punjab State Election Commission Act, 1994. 3. That under section 73 (1) and (2) of the Punjab State Election Commission Act, 1994, the Election Tribunals are constituted by the State Government, in Civil Writ Petition No. 14903 of 2008 3 consultation with the State Election Commission and the State Government by notification in the official gazette, appoint an IAS or PCS having adequate administrative, legal or magisterial experience, as Presiding Officer of an Election Tribunal. As such, the State Election Commission has no administrative or legal control over the Presiding Officers of the Election Tribunals. It is the Chief Secretary who has administrative control over the officers of the state Govt. functioning as Presiding Officers of the Election Tribunals.” It transpires that all that has been stated on behalf of the State Election Commission is that the Election Commission has no administrative or legal control over the Presiding Officers of the Election Tribunals and it is the Chief Secretary, who has the administrative control over the officers functioning as Presiding Officers of the Election Tribunals. Election Commission has been set up under Section 3 of the Act. In case, the State Election Commission, Punjab, is not in a position to apprise this Court about the steps taken for the disposal of the election petition, in terms of the provisions of Section 80 of the Act, it certainly would have been appropriate for the respondents to have filed a Civil Writ Petition No. 14903 of 2008 4 comprehensive reply after a reference to the Chief Secretary, Punjab. The matter assumes importance because the authorities are dealing with democratic bodies at the nucleus level with limited period/term. Section 80 sub-sections (5) and (6) read as under:- “80.Trial of election petitions . - xx xx xx xx xx xx xx xx xx xx (5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial be continued from day-to-day until the conclusion, unless the Election Tribunal finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. (6) Every election petition shall be tried as expeditiously as possible and every endeavor shall be made to conclude the trial within a period of six months from the date on which the election petition is presented to the Election Tribunal for trial.” Thus, the respondents are bound to make all out efforts to comply with the statutory provisions. Clearly, the needful has not been done, as is evident from the facts of this case, wherein the election petition Civil Writ Petition No. 14903 of 2008 5 was filed as far back as on 29.8.2007. This petition is disposed of with a direction to respondent No.3 to dispose of the election petition within 4 months of receipt of a copy of this order. A copy of the order be sent to the Chief Secretary, Punjab, to ensure that appropriate directions are issued so that the statutory provisions are followed and election petitions are given priority in disposal, that they deserve. April 30, 2009 ( AJAI LAMBA ) Kang JUDGE