Civil Writ Petition No. 12163 OF 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12163 OF 2010 Date of Order: 14.07.2010 Surjit Singh ....Petitioner Versus The Financial Commissioner, Appeals-I, Punjab and others. ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. P.S.Bhangu, Advocate for the petitioner RAJIVE BHALLA, J (Oral). The petitioner prays that the appointment of respondent no.6 as the Lambardar, should be set aside. Counsel for the petitioner submits that the petitioner owns more land, is better educated, owns land in the concerned Patti and, therefore, the appointment of respondent no.6, as the Lambardar should be set aside. It is further argued that the petitioner's candidature has been rejected as he is alleged to be an active member of the Communist Party of India (Marxist) and criminal cases are pending against him. It is submitted that mere pendency of a criminal case, in the absence of an order of conviction is irrelevant, as held by this court in a large number of judgments. I have heard counsel for the petitioner, perused the impugned orders and find no reason to hold that the choice of the Collector as affirmed by the Commissioner and the Financial Commissioner is in any manner arbitrary, perverse or violative of any provision of law. It is true that Civil Writ Petition No. 12163 OF 2010 -2- mere pendency of a criminal case in the absence of any conviction or sentence does not necessarily disqualify a candidate but it is also true that in the presence of a candidate who has a clean record the candidature of a candidate with a clean record should prevail. The petitioner denied that he was facing any criminal trial but respondent no.6 produced copies of cases pending against the petitioner under Sections 107/151 and under Sections 452/323 and 506 of the Indian Penal Code. This apart and as held in the impugned orders, the petitioner does not enjoy the confidence of the residents of the village, his candidature was rightly rejected. In view of what has been stated hereinabove, the writ petition is dismissed. July 14, 2010 (RAJIVE BHALLA) nt JUDGE