In the High Court of Punjab and Haryana at Chandigarh ...... F.A.O. No.5787 of 2009 (O&M) ..... Date of decision:3.11.2011 Kamlesh Rani .....Appellant v. Presiding Officer, Election Tribunal and others .....Respondents .... CORAM : HON'BLE MR. JUSTICE MOHINDER PAL ..... 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? ...... Present: Mr. O.P. Kamboj, Advocate for the appellant. Mr. Aseem Kataria, Advocate for respondent No.2. None for other respondents. ..... Mohinder Pal, J. This is first appeal against order dated 19.11.2009 passed by the Sub Divisional Magistrate-cum-Election Tribunal, Zira (hereinafter referred to as `the Tribunal') vide which election petition preferred by petitioner-Pardeep Setia (respondent No.2 herein) has been accepted and the election of respondent No.1-Kamlesh Rani (appellant herein) is set aside by declaring Pradeep Setia (respondent No.2 herein) as elected Panch against the general category of Gram Panchayat of Village Saido Ke Uttar alias Chand Mari Block Fazilka, District Ferozepur. Petitioner-Pradeep Setia filed an election petition under F.A.O. No.5787 of 2009 (O&M) [2] Sections 76 and 79 of the Punjab State Election Commissions Act, 1994 read with Rule 50 of the Panchayat Election Rules, 1994 for setting aside the election of respondent No.1-Kamlesh Rani, who was declared as Lady Panch (General) of Gram Panchayat of the said village for the elections held on 26.5.2008. It was submitted that 16 candidates including the petitioner and respondents No.2 to 7 filed their nomination papers for the post of Panch general category, whereas respondent No.1 filed her nomination paper for lady panch of the general category. As per notification, 7 Members Panchayat were to be elected in the village. Four Members Panchayat were to be elected from the general category, two seats were reserved for women in general category and one seat was to be filled from BC category. After the election and counting of the votes, the petitioner was declared as winner as he secured 19 votes and stood fourth as per number of votes polled in favour of the Members of the Panchayat of general category. However, the Presiding Officer and the Returning Officer in connivance with respondent No.1-Kamlesh Rani and her supporters, created three posts in the general category reserved for women instead of originally fixed for two and declared Kamlesh Rani as the third winning candidate in this category illegally and unlawfully as only two candidates in this category, namely, Krishna Bai and Sumitra Bai were legally elected candidates. After notice Kamlesh Rani contested this election petition by stating that she filed her nomination papers for the post of Panch in general category and she never filed nomination papers for the said post in general category reserved for lady panches. It has been submitted that since Kamlesh Rani had filed her nomination papers for the post of Panch in the F.A.O. No.5787 of 2009 (O&M) [3] general category and secured 23 votes i.e. more number of votes than the petitioner (petitioner secured 19 votes), she was legally elected candidate from the general category. Respondent No.8-Shri Pawan Kumar Dhawan, SDO, PSEB, Returning Officer, in his written statement filed separately has pleaded that respondent No.1-Kamlesh Rani filed her nomination papers for ladies reserve category. After elections, the answering respondent submitted the entire documents to the BDPO office. Respondent No.1 approached the Election Commissioner, Punjab in this regard and after inquiry the Election Commissioner directed the Deputy Commissioner, Ferozepur to amend the result of the village and accordingly on 15.6.2008 the amended Form 9 was issued and the petitioner was declared as an elected candidate. The Presiding Officer, Election Tribunal while taking into account Form 9 issued wherein it has been shown that Kamlesh Rani (respondent No.1) had contested the election against the general lady category seat allowed the petition and declared the petitioner Pradeep Setia as elected candidate in place of respondent No.1. This is how the appellant- Kamlesh Rani has come in an appeal pending for disposal. I have heard learned counsel for the parties and have gone through the record. Learned counsel for the appellant has submitted that the appellant-Kamlesh Rani had filed her nomination paper as a Member Panchayat only and the word (general woman) was added in the nomination paper by a different hand and in different ink later on. It is also submitted that even in the result declared initially, she was declared elected as general woman Panch which was later on changed as being elected as Panch as F.A.O. No.5787 of 2009 (O&M) [4] woman reserved category though it was never claimed by her nor filled in the nomination papers. On the other hand, learned counsel for respondent No.2 has referred to CWP No.10851 of 2008 titled Kamlesh Rani v. State of Punjab and others, wherein in the heading of the petition, it has been mentioned that the appellant was elected as Panch from the General Women category of the election of Gram Panchayat Village Saido Ke Uttar, Tehsil Fazilka, District Ferozepur. It is submitted that from the own admission of the appellant that she contested election as a general women category the findings of the Tribunal are well reasoned and are liable to be upheld. As per admitted facts of this case out of total seven posts of Panches, four posts were to be filled from the general category, two posts were reserved for lady panches in the general category and one post was reserved for Panch BC category. It is also not disputed that the present appellant has got 23 votes whereas respondent No.2-Pradeep Setia has got 19 votes. As per case of the appellant, she has filed her nomination paper as a woman member Panch only and the words (general woman) in Form 9 has been entered later on. Original record has been summoned. Form 9 is there at page 405. Perusal of this document shows that the appellant Kamlesh Rani has filled her nomination papers as Member. However, word (General Istri) (general woman) has been added later on with a different ink. There is another document at page No.411. In that also the word (general) seems to have been written later on though the word (woman) is missing. Close perusal of these documents leaves no doubt that the words (general woman) has been added later on and initially the appellant has contested the election as general Member Panchayat only. F.A.O. No.5787 of 2009 (O&M) [5] Respondent No.9 before the Tribunal Shri Rupinder Singh, Clerk, CDPO Officer, Abohar, District Ferozepur, Presiding Officer in his written statement has stated that Kamlesh Rani had applied for the post of Panch of general category. He has further submitted that after counting, respondent No.1 Kamlesh Rani was declared as elected candidate for the post of Panch as general category as she secured 23 votes. He has further clarified that Kamlesh Rani was declared as elected Member Panchayat for the post reserved for general category Panch, however, later on Pradeep Setia (petitioner) pressurized the answering respondent to change the result. Later on Ram Krishan BPEO, who was Supervisor of this booth informed that the result was wrongly declared by this witness and thereafter the result has been changed. After going through the averments of this witness, I have no doubt that the respondents have changed the result and have manipulated with the Form No.9 filled by the appellant at the time of filing her nomination papers. The arguments of learned counsel for the appellant that in the Civil Writ Petition No.10851 of 2008, the appellant herself has mentioned that she contested election from general woman category is no way helpful as in this writ petition it has been pleaded that the appellant contested election for the post reserved for only woman Panch. For the aforesaid reasons, this petition is bound to succeed and is allowed. November 3, 2011. (Mohinder Pal) Judge *hsp*