In the High Court of Punjab and Haryana at Chandigarh ...... F.A.O. No.757 of 2009 (O&M) ..... Date of decision:17.8.2011 Rani Kaur alias Baldev Kaur .....Appellant v. Pargat Singh and others .....Respondents .... CORAM : HON'BLE MR. JUSTICE MOHINDER PAL ..... 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? ...... Present: Mr. Rajinder Singh Dhaliwal, Advocate for the appellant. Mr. Arun Jindal, Advocate for respondent No.1, 4, 5 and 6. ..... Mohinder Pal, J. This appeal is directed against the order dated 31.12.2008 passed by the Additional Deputy Commissioner (exercising the powers of Presiding Officer, Election Tribunal, Sangrur) (for short `the Election Tribunal'), whereby Election Petition filed by Pargat Singh-petitioner (respondent No.1 herein) challenging the Election of Rani Kaur alias Baldev Kaur-respondent No.1 (appellant herein) as Sarpanch of Gram Panchayat Taranji Khera, Tehsil Sunam has been allowed and the election F.A.O. No.757 of 2009 (O&M) [2] of the appellant was set aside. It was further ordered that election of the Sarpanch be held afresh in accordance with law. I have heard the learned counsel for the appellant and respondents No.1, 4, 5 and 6 have gone through the records of the case. Admittedly, there were seven seats of Panches of Gram Panchayat of Village Taranji Khera, Tehsul Sunam, District Sangrur. According to the appellant election petition filed by respondent No.1-Pargat Singh had been decided by the learned Election Tribunal on the basis of two points that, no notice regarding the meeting dated 22.7.2008 had been served upon respondent No.1-petitioner and that the election has been held in violation of the order dated 22.7.2008 passed by this Court in CWP No.12575 of 2008. Respondents No.1, 5 and 6 did not attend the meeting with mala fide intention as they knew that they were in minority. The learned Election Tribunal has decided the election petition against the facts on file. The panches were issued notices regarding meeting to be held on 22.7.2008 for election of the Sarpanch and it was duly served upon them. During the course of arguments, much stress was laid by the learned counsel for the respondents No.1, 4, 5 and 6 on the point that the meeting held on 22.7.2008 in which the appellant was declared Sarpanch was the result of fraud. It was argued that the Returning Officer (respondent No.7) had fabricated the record of the proceedings of the Panchayat by showing Pargat Singh (respondent No.1), Gian Kaur (respondent No.5), Satkartar Singh (respondent No.6) and Baljit Singh (respondent No.4) absent on 19.7.2008 and postponed the meeting to 22.7.2008. On 22.7.2008, despite the stay granted by the High Court and without issuing notices to the respondent No.1, Gian Kaur and Satkartar F.A.O. No.757 of 2009 (O&M) [3] Singh for the postponed meeting, the Returning Officer (respondent No.7) had shown the appellant as having been declared as Sarpanch by preparing false record. On 1.8.2011, when this matter was taken up for hearing, learned counsel for the respondents has submitted that out of seven elected members, four are on their side while three members are on the side of the appellant. Accordingly, in order to ascertain the genuineness in the submissions made in the Court, it was ordered by this Court that let all the members be present in Court on the next date of hearing i.e. today. In pursuance of the order dated 1.8.2011 passed by this Court, all the respondents, who are four in number, have appeared in Court and have asserted that they are in majority. However, the appellant and her supporters, who were claiming majority, have not appeared in Court today to prove their claim with regard to majority for the post of Sarpanch. In view of the above, it is abundantly clear that the respondent No.1, 4, 5 and 6 are in majority and the appellant , who is having support of Balbir Singh and Ruldu Singh (respondents No.2 and 3) only, has enjoyed Sarpanchship for more than three years and the rightful claimants are suffering. Resultantly, without dilating upon the controversy with regard to the meeting dated 22.7.2008 in which the appellant was elected as Sarpanch of Gram Panchayat of Taranji Khera, Tehsil Sunam, District Sangrur, the impugned order passed by the Election Tribunal is upheld. This appeal is dismissed with the direction to both the parties to appear before the Deputy Commissioner, Sangrur on 2.9.2011 at 10.00 a.m. to prove their majority with regard to the post of Sarpanch. The Deputy Commissioner, Sangrur, after satisfying himself about the majority, shall declare the elected F.A.O. No.757 of 2009 (O&M) [4] candidate as Sarpanch immediately after recording the proceedings. A copy of this judgment be given dasti. The Registry is also directed to send a copy of this order to the Deputy Commissioner, Sangrur, immediately for strict compliance. August 17, 2011. (Mohinder Pal) Judge *hsp*