CWP No. 13182 of 2009 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 13182 of 2009 (O&M) Date of Decision : 16.08.2010 Kashmir Singh .......... Petitioner Versus State of Punjab & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. G.S. Gill, Advocate for the petitioner. Mr. R.L. Gupta, Advocate for applicant in CM No. 16364 of 2009. Mr. N.S. Virk, Addl. A.G., Punjab for the respondents. **** VINOD K. SHARMA, J. (ORAL) CWP No. 13182 of 2009 The petitioner by invoking the writ jurisdiction of this Court seeks quashing of impugned part of order dated 4.8.2009 (Annexure P-11), wherein findings have been recorded against him, though the petitioner was not a party to the election petition. Karnail Singh son of Sh. Arjan Singh filed an election petition under Section 76 of the Punjab State Election Commission CWP No. 13182 of 2009 -2- ***** Act (for short, the Act) read with Rule 50 of the Punjab Panchayat Election Rules 2994( hereinafter, the Rules) to challenge the election of Balbir Singh, who stood elected as Member Panchayat (Scheduled Caste Male Category) of the Gram Panchayat of Village Dharamheri, Block Sanour, Tehsil and District Patiala. There is no necessity to go into the allegations made by the petitioner against Balbir Singh, as the said election is under challenge before this Court in appeal filed by Balbir Singh. While deciding the election petition filed by Karnail Singh against Balbir Singh, in the impugned order Annexure P-11, the learned Election Tribunal held as under :- “8. From the above discussion of the facts and circumstances of the case and legal provisions surrounding the election petition, this petition is accepted and the election of the Respondent No.1 as member of Gram Panchayat Village Dharamheri is held to be null and void. Further more, the Petitioner being the only other contesting candidate besides the Respondent No.1 from the category Scheduled Caste (Male), he is declared to be elected as Member Panchayat of Village Dharamheri in place of Respondent No.1. Another election petition bearing file no. 150/EP/DC involving the legality of election to the post of Sarpanch of this very village was filed by Kashmir Singh s/o Hardip Singh and others Vs. Karnail Singh S/o Arjan Singh and others. This was decided on 16-4-2009. Its CWP No. 13182 of 2009 -3- ***** operational part is given below :- “As far as the Election Petition filed by Sh. Karnail Singh against the election of Sh. Balbir Singh Panch is concerned, it will be decided in terms of the order passed by the Hon'ble Punjab & Haryana High Court by following due procedure. Whatever its result be, it will have a bearing on the election of the Sarpanch of village Dharamheri.” 9. Resultantly, the election to the post of Sarpanch held in pursuance to the order passed in the abovesaid petition has become void now. The Distt. Development and Panchayat Officer is, therefore, directed to reconvene a meeting for the election of Sarpanch of validly elected members of Gram Panchayat] Dharamheri namely Kashmir Singh, Karnail Singh, Paramjit Kaur, Amir Singh and Paramjit Kaur W/o Lakhwinder Singh to participate in it within a period of two weeks from the receipt of this order.” The petitioner challenged the impugned part of the order, on the ground, that the learned Tribunal had no right to pass an order declaring the election of the petitioner to be void, for not being party to election petition. There is force in this contention. The learned Election Tribunal has no jurisdiction to record a finding against a person, who is not before the Tribunal. Consequently, the impugned part of the order, vide which the election of the petitioner was said to be void, is set aside. However, the respondent shall be at liberty to take CWP No. 13182 of 2009 -4- ***** appropriate action against the petitioner in accordance with law, if so permits to challenge his election independently. This writ petition is allowed in above said terms. No costs. C.M. Nos. 16363-64 of 2009 Dismissed as not pressed. 16.08.2010 (VINOD K. SHARMA) 'sp' JUDGE