IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.10731 of 2008 DATE OF DECISION: DECEMBER 22, 2008 Gurdeep Singh .....PETITIONER Versus Punjab State Election Commission,Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr.C.M. Munjal, Advocate, for the petitioner. Mr. M.S. Sindhu, Addl.A.G.,Punjab, for respondents No. 1to 3. Mr. S.C. Chhabra, Advocate, for respondent No.4. .. SATISH KUMAR MITTAL, J. (ORAL) In terms of the earlier order dated December 17, 2008, Shri Megh Raj, Deputy Commissioner, Ferozepur is present in Court along with records. The only dispute in this writ petition filed by petitioner Gurdeep Singh, who secured only 48 votes in the election of the Sarpanch, is whether he was entitled to be declared elected in place of Inderjit Kaur, who has been declared elected against the seat meant for General Category. The contention of the petitioner is that Inderjit Kaur contested the election against the seat reserved for `Woman' and she was wrongly declared elected against the seat meant for `General Category' on securing 85 votes, and by declaring her elected, the petitioner, who was to be declared elected from General Category, was wrongly declared defeated. C.W.P. No.10731 of 2008 -2- Today, a written statement by way of affidavit has been filed on behalf of respondent No.2. The same is taken on record. We have perused the original nomination papers filed by Inderjit Kaur. She has filed her nomination paper against the seat meant for General Category and not against the seat reserved for `Woman', as alleged. The nomination paper has been shown to the counsel for the petitioner. He is also satisfied that respondent No.5-Inderjit Kaur filed her nomination paper for General Category. In view of this, we do not find any illegality in the declaration of result by the Returning Officer and the petitioner, who secured 48 votes vis-a-vis 85 secured by Inderjit Kaur, has been rightly declared defeated as Sarpanch of the Gram Panchayat. Dismissed. (SATISH KUMAR MITTAL) JUDGE December 22, 2008 ( JASWANT SINGH ) vkg JUDGE