FAO No. 5061 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 5061 of 2010 (O&M) Date of decision : 23.12.2010 Jagtar Singh and others ..... Appellants vs Sukhjit Kaur and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Madan Sandhu, Advocate, for the appellants. Rajesh Bindal J. By filing present appeal, the appellants have impugned the order dated 27.8.2009 passed by the Election Tribunal, Mansa (for short, “the Tribunal”) vide which the petition filed by them was dismissed. As per the allegations by the appellants, they had filed their nomination papers complete in all respects for the post of Panch of Gram Panchayat, Mansa Khurd, Tehsil and District Mansa on 16.5.2008. But the Returning Officer in connivance with the private respondents had rejected their nomination papers on 17.5.2008 which were pasted on the notice board on 18.5.2008. However, as per the Punjab Panchayati Raj Act, the same should have been displayed on the notice board on the day of rejection. Against this act of the Returning officer, they filed complaint on which the Chief Election Commissioner, Punjab, Chandigarh, had ordered an enquiry into the matter and submission of report within two days. But the matter was not enquired into within the stipulated time. The election was held on 26.5.2008. The appellants filed the petition before the Tribunal, which was rejected, resulting into filing of present appeal. Learned counsel for the appellants submitted that the Returning Officer had wrongly rejected their nomination papers which they filed after completing all the formalities. The evidence led by them was totally ignored and not considered by the Tribunal in true spirit. It was prayed that order of the Tribunal be set aside and fresh election be ordered. After hearing learned counsel for the appellants and perusing the paper-book, I do not find any merit in the appeal. It could not be disputed by the appellants that they had not filed no due certificate which is essential. They also did not file affidavit to the effect that nothing was due towards the panchayat from them which was also an essential FAO No. 5061 of 2010 -2- requirement as per Punjab Panchayati Raj Act. They only attached house tax receipts. As regards their application filed before the Election Commission, Punjab, is concerned, the enquiry was conducted into the matter and as per report, the nomination papers were rightly rejected as the candidates had failed to attach the prescribed affidavit. Considering the aforesaid facts, it cannot be said that the nomination papers of the appellants were wrongly rejected. Finding no merit in the appeal, the same is hereby dismissed. Consequently, the application for condonation of delay in filing the appeal is also dismissed. 23.12.2010 (Rajesh Bindal) vs Judge