In the High Court of Punjab and Haryana at Chandigarh ...... CM No.23847-CII of 2007 and F.A.O. No.4828 of 2007 (O&M) ..... Date of decision:24.1.2008 Baldev Singh .....Applicant-Appellant v. Paramjit Singh Rupal and others .....Respondents .... Present: Mr. M.L. Saini, Advocate for the applicant-appellant. ..... S.S. Saron, J. (Oral) CM No.23847-CII/2007: For the reasons stated in the CM application, which is supported by affidavit of the appellant, the delay in re-filing the appeal is condoned. The CM stands disposed of. FAO No.4828/2007 (O&M): Heard learned counsel for the appellant. This appeal has been filed by the unsuccessful petitioner, who filed an election petition under Sections 76, 77, 78 and 89 of the Punjab State Election Commission Act, 1994 for setting aside the election of Paramjit Singh Rupal (respondent No.1) as Municipal Councillor, Ward No.3, Amloh. The ground for seeking setting aside the election was that the seat of Municipal Councillor, Ward No.3, Amloh was reserved for Backward Classes. Paramjit Singh Rupal (respondent No.1) had filed CM No.23847-CII of 2007 and F.A.O. No.4828 of 2007 (O&M) [2] nomination papers showing himself to be a Backward Class candidate. The said claim was made on the basis of Backward Class certificate No.954 dated 19.12.1997. It is submitted that the certificate had become invalid after the expiry of three years in view of letter No.1842 dated 7.9.2005 (Ex.PW.3/B) issued by the District Welfare Officer, Fatehgarh Sahib. Respondent No.1 filed his Backward Class certificate for the election that was held on 18.9.2005. Therefore, according to the appellant the certificate issued on 19.12.1997 had become invalid and fresh certificate was liable to be produced in view of the aforesaid instructions Ex.PW.3/B. The learned Election Tribunal, Fatehgarh Sahib after considering the matter dismissed the election petition of the appellant. It was inter alia observed that the various letters referred to were meant for Backward Classes/other Backward Classes in service of the State Government so as to exclude the creamy layer to get the benefit of reservation provided to the sons and daughters of the Backward Classes/other Backward Classes in the state service and in the colleges in the State at the time of admission. It was observed that the office of Municipal Councillor was not an office of profit and the benefit of reservation extended to Backward Classes is to give due representation to the class in question. Respondent No.1 belongs to Lohar caste which is amongst the list of Backward Classes at Sr. No.51 vide PG No.38353 dated 23.12.1959. After hearing learned counsel for the appellant and perusing the record it may be noticed that respondent No.1 admittedly belongs to Lohar caste which has been declared to be a Backward Class. The requirement of issuing of fresh certificate of Backward Class is with regard to those which CM No.23847-CII of 2007 and F.A.O. No.4828 of 2007 (O&M) [3] have been issued to members of the Backward Classes on the basis of their income. Therefore, the said instructions are clearly inapplicable in the said case. In view of the above, there is no infirmity in the order passed by the learned Election Tribunal. Consequently, there is no merit in this appeal and the same is accordingly dismissed. January 24, 2008. (S.S. Saron) Judge *hsp*