1 430 T 4e FeAeOaN04947 of 2010 l0 S Mle IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH eae m Date of Decisionl May 6 1 2011 FaAe0 N04947 of 2010 l0 S Mle 0 C0 Gurjant Singh I C5 Versus Z Mandeep Kaur and others SSaeeeRespondentse I CORAM HONBLE MRUSTICE MOHINDER PAL Z le Whether Reportersof Local papers may be allowed to see the judgment7 OO 2 To be referred to the Reportersor not7 3a Whether the judgmentshould be reportedin the Digest 7 17 Z Presentl MrArvinder Singh Advocate Ll for the appellants None for the respondents MOHINDER PAL O This appeal IS directed against the order dated 232010 passed by the Sub Divisional Magistrate Presidi ng Officer EIection Tribunal Bhatinda for short the Election 1 Tribunal whereby Election Petition filed by Mandeep Kaur respondent No was partly accepted and she respondent Rawat Seema 2013.04.22 11: 38 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document J 431 0 1 9e e m2 FeAeOaN004947 of 2010 l0 8 Mle NOel being the only candidate of Scheduled Caste ady9 categor was declared as winner unopposed and Balbir Kaur respondent No was considered as general category candidate instead of scheduled caste ady candidate and declared winner 1 Panch against the generalcategory postl thereby declaring GurjantSingh appellant earlier declared as Wlnner against 0 0 the generalcategory quota as the defeated candidate I At the time when this appealwas taken up for hearing C5 none appearedfor the respondents I have heard the Iearned counsel for the appellant and Z have gone throughthe records of the case l Elections for the Gram Panchayatof Village Mahinangai were held on 1912010 GurjantSingh opellant Mandeep Z Kaur respondentNo lo and Balbir Kaur espondent No2 alongwith others had contested the said elections Mandeep QO Kaur respondentNolo and Balbir Kaur espondentNo2obeing Iwo Z to the ScheduIed Castes had contested the elections for one post of scheduled caste IadyPanch Balbir Kaur was poled 199 votes whereas MandeepKaur was poled 178 votes As such Balbir Kaur was declared as winner in the category of Scheduled Castelady Panch and MandeepKaur as the defeated candidate in the said category MandeepKaur filed Election Petition before the Election Tribunal contending that Balbir Kaur respondentNo2 had filled up her nomination form only for the postof Panch and therefore she espondent No21 oughtto have been considered as a General CategoryCandidate The Election Rawat Seema 2013.04.22 11: 38 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 432 ll 1 s4 Y e pe 3m FeOa Noe4947 of 2010 O S Mle Tribunal vide the impugnedorder partly accepted the Election Petition filed by MandeepKaur espondentNo 11and considering respondentNol being the only candidate of Scheduled Caste iadyl category declared her as winner unopposed At the 1 same time the Election Tribunal while considering Balbir Kaur respondent No 2l as general category candidate instead of 0 0 scheduled caste ady l candidate declared her winner Panch C5 against the general category post Resuitantly the Election I Tribunal vide the impugnedorder declared Gurjant Singh appeIIantJ who had earl ier been declared as Wlnner against Z a the general category quota as the defeated candidate This CC actlon of the Election Tribunal has been challengedby GurjantSingh I appeilant in this appeal inter alia contendingthat Balbir Kaur Z respondentNoa2J in column No8 of the nomination papers had mentioned that she belonged to MajbhiSikh Caste which f is a Scheduled Caste and therefore accordingto the appellant she S7 Z respondent No21 could not be declared winner against the Qm generalcategorycandidate Section 55 of the PunjabState Election Commission Act 1994 or short the ActI which IS relevant to set the controversy at hand at rest for facility of reference IS reproducedas belowl ll 55 Eligibility of members of Scheduled Castes to hold seats not reserved for those castes For the avoidance of Rawat Seema 2013.04.22 11: 38 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 433 m4 FeAnOe Noe4947 of 2010 lO S Mle doubt it iS hereby declared that a member of the Scheduled Castes shall not be disqualifiedto hold a seat not reserved for members of those castes if he is otherwise 1 qualified to hold such seat under the L Constitution of India and this Act 0 0 In view of the above clearcut provisionsof Section 55 t5 I of the Act no fault can be found with the impugnedorder whereby the Election Tribunal considered Balbir Kaur Z respondent No21 who in fact belongsto a ScheduIed Caste as a 2 Q general general category candidate instead of scheduled caste candidate and declared her winner Panch against the general L0 Z categorypost Consequently GurjantSingh appellant who belongsto a generalcategory candidate and had earlier been OO declared as winner Panch against the generalcategory quota 3 Z was declared as the defeated candidate The said action of the ll Election Tribunal was within the purview of the provisions of Section 55 of the Act and cannot by any stretch of reasoning be termed as an erroneousone Resultantlythis appealis hereby dismissed beingwithout any merit 1 C MOHINDER PAl 0 May 2011 JUDGE 1 e Rawat Seema 2013.04.22 11: 38 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document