In the High Court of Punjab and Haryana at Chandigarh ...... F.A.O. No.3349 of 2011 (O&M) ..... Date of decision:14.9.2011 Kashmir Singh and others .....Appellants v. Darshan Kaur 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. C.M. Munjal, Advocate for the appellants with appellants in person. Mr. Ranvir S. Chauhan, Deputy Advocate General, Punjab for respondentNo.5-State. None for respondents No.1 to 3 and 4. ..... Mohinder Pal, J. This appeal is directed against the order dated 18.3.2011 passed by the Sub Divisional Magistrate-cum-Election Tribunal, Batala (for short - `the Tribunal'), whereby Election Petition under Sections 74 and 76 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as `the Act') filed by the appellants for setting aside the election of respondent No.1 as Sarpanch was dismissed. The brief facts of the case are that earlier the appellants had F.A.O. No.3349 of 2011 (O&M) [2] filed Civil Writ Petition No.12694 of 2008 with a prayer for setting aside the election of respondent No.1 as Sarpanch of Gram Panchayat, Village Bhagwanpur, Block & Tehsil Dera Ababa Nanak, District Gurdaspur on the ground that she has been declared elected without ignoring their claim of majority. This Court had allowed the appellants to withdraw the writ petition with liberty to file an election petition under Section 76 read with Section 89 of the Act and the Election Tribunal was directed to decide the Election Petition expeditiously. Thereafter, the appellants had filed an Election Petition dated 15.6.2009 challenging the election of Darshan Kaur (respondent No.1). Vide order dated 18.3.2011, the Election Tribunal Passed the following order:- “In view of the above discussion, I am of considered opinion that the petitioners did not come present for the election of Sarpanch on 22.7.2008 and accordingly, in their absence and since no quorum was required during meeting dated 22.7.2008 being the second one, respondent No.1 was elected as the Sarpanch of Gram Panchayat, Bhagwanpur in a legal manner. This issue is, therefore, decided against the petitioners and in favour of the respondents. xx xx xx xx xx In view of my findings on issue No.1 above, the election petition is dismissed with the result that the election of respondent No.1 as Sarpanch, Gram Panchayat, Bhagwanpur, is upheld being legal and valid. Parties be communicated. The F.A.O. No.3349 of 2011 (O&M) [3] file be consigned to the record room after its due compliance.” Against the order of the Election Tribunal, the appellants have come in this appeal with the prayer that the order passed by the Election Tribunal be set aside and consequently, the election of Darshan Kaur (respondent No.1) to the office of Sarpanch be also set side. I have heard Mr. C.M. Munjal, Advocate for the appellants and Mr. Ranvir S. Chauhan, Deputy advocate General, Punjab for respondent No.5 and have gone through the file. Learned counsel for the appellants has submitted that the appellants are in majority having the support of four members while, the respondents No.1 to 3 are only three members. Today, all the four members, who were appellants in this case, appeared and stated that they are in majority and respondent No.1-Darshan Kaur, whose election is under challenge is having only three members. Neither respondents No.1 to 3 appeared nor any counsel has put in appearance on their behalf, as vide order dated dated 23.5.2011 passed by this Court, it has been observed that notices issued to respondents No.1 to 3 received back with the report of refusal. In view of the aforesaid circumstances, I deem it proper that the impugned order passed by the Election Tribunal, Batala cannot be sustained and is required to be set aside. The same is accordingly set aside. The appeal is disposed of with the direction to both the parties to appear before the Deputy Commissioner, Gurdaspur on 26.9.2011 at 10.00 a.m. and if the Deputy Commissioner is not available on the said date, then to appear on the next working day to prove their majority with regard F.A.O. No.3349 of 2011 (O&M) [4] to the post of Sarpanch. The Deputy Commissioner, Gurdaspur, after satisfying himself about the majority shall declare the elected 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 Deputy Commissioner, Gurdaspur immediately for strict compliance. September 14, 2011. (Mohinder Pal) Judge *hsp*