IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14996 of 2008 DATE OF DECISION : 19.09.2008 Kamaljit Kaur .... PETITIONER Versus The Election Tribunal-cum-Deputy Commissioner, Faridkot and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sanjay Gupta, Advocate, for the petitioner. Mr. N.S. Virk, Addl. A.G., Punjab, for respondents No.1 to 5. Mr. S.S. Brar, Advocate, for respondent No.6. * * * SATISH KUMAR MITTAL , J. The petitioner, whose election as Panch of Gram Panchayat Village and Post Office Soos, Tehsil and District Hoshiarpur has been challenged by respondent No.6 Jasbir Kaur, by filing an election petition before the Election Tribunal, has filed the instant petition under Article 226/227 of the Constitution of India for transfer of the said election petition from the court of Election Tribunal, Faridkot to any other court of competent jurisdiction, on the ground that the Election Tribunal, Faridkot, has not provided proper opportunity to the petitioner to defend the said CWP No. 14996 of 2008 -2- election petition and has made a casual reference that since the name of respondent No.6 was inadvertently omitted by the Returning Officer, as admitted by the SDM and Deputy Commissioner, Hoshiarpur, therefore, respondent No.6 be allowed to contest the election along with the petitioner. In this case, respondent No.6 filed the aforesaid election petition against the petitioner on the ground that her nomination paper was illegally rejected and consequently, the petitioner was illegally declared elected as unopposed. It is alleged by the counsel for respondent No.6 that the petitioner has filed the present petition with intention to delay the proceedings, as the election petition is pending at the stage of arguments. After the filing of written statement by respondent No.6, we have heard the counsel for the parties. Undisputedly, initially the election petition was filed by respondent No.6 before the Election Tribunal, Hoshiarpur, and vide order dated 14.7.2008, passed by this Court in CWP No. 11060 of 2008, filed by the petitioner seeking transfer of the election petition, the same was transferred to the Election Tribunal, Faridkot. The order passed by this Court is re-produced below : “Learned counsel for the parties agreeing the election petition filed by respondent No.4 should be transferred from the Election Tribunal Hoshiarpur because he has already expressed his opinion on the merit of the case on May 25, 2008 when he had stated that the petitioner was wrongly declared elected. CWP No. 14996 of 2008 -3- Accordingly the petition filed by respondent No.4 Jasbir Kaur is transferred from the Election Tribunal Hoshiarpur to the Election Tribunal Faridkot. The parties to appear before the Election Tribunal, Faridkot on July 28,2008 at 10 AM. The Election Tribunal is expected to decide the election petition within one month from the date of receipt of the copy of this order.” It is stated by the learned counsel for respondent No.6 that after the passing of the aforesaid order, the Election Tribunal, Faridkot provided sufficient opportunities to both the parties to conclude their respective evidence and the election petition is now fixed for arguments. In view of the aforesaid facts and circumstances of the case, it appears that the petitioner has filed the instant petition with intention to delay the proceedings before the Election Tribunal. Therefore, we do not find any justification to again transfer the election petition from the Election Tribunal, Faridkot, on the grounds mentioned in the petition. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 19, 2008 ( JASWANT SINGH ) ndj JUDGE