FAO No. 1644 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 1644 of 2009 (O&M) Date of Decision: 06.05.2011 Devki ...Appellant Versus Darshan Kumar and others .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Lalit Sharma, Advocate for the appellant. ..... RAJESH BINDAL, J. Challenge in the present appeal is to the order dated 8.10.2008 passed by the Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Patiala (for short “the Tribunal”) dismissing the petition filed by the appellant, challenging the election of respondent No.1 to the post of Panch, Gram Panchayat of Village Jawalapur alias Brahmanmajra, Tehsil Patran and District Patiala. Briefly, the facts as are available on record are, that the appellant contested election for the post of Panch, Gram Panchayat Jawalapur alias Brahmanmajra which was held on May 26, 2008. She having not been declared successful, filed election petition seeking declaration that Darshan Kumar has been wrongly elected as Panch in the general category and also for declaring her as a winning candidate. The election petition having been dismissed by the Tribunal, the order has been challenged before this court. The appellant in the present case had contested election as Panch in general category. Section 77 (a) of the Punjab State Election Commission Act, 1994 (for short ‘the Act’) in clear terms provides that the election petitioner is required to join in his/her petition, all the contesting candidates in case a declaration has been sought that election of all or any of the returned candidates is void and further prayer has been made for declaring the petitioner as one of the elected candidate. The Section does not provide that only the candidates who contested election in a particular category are to be impleaded as party in the election petition. FAO No. 1644 of 2009 2 Heard learned counsel for the appellant and perused the paperbook. A perusal of the prayer, made by the appellant in the election petition, filed by her shows that she had sought declaration to the effect that election of respondent No.1-Darshan Kumar as Panch of the Member Gram Panchayat be declared as null and void and consequently the appellant be declared as elected member of Panchayat in general category after considering her candidature in the general category. The election in the present case was held for seven posts of Panches out of which four were in general category, one for general women category whereas one seat was for Scheduled Caste Category for women. The issue, which is required to be considered by this court is very short, namely, as to whether the defeated candidate while challenging the election of another person in his category is required to implead the candidates, who contested election in that category or all the persons who had contested election for various posts of Panches in that Gram Panchayat? Section 77 (a) of the Act, which is extracted below, provides for impleadment of parties in an election petition. “77. Parties to the petition.- A petitioner shall join as respondent to his petition- (a) where he, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates and where no such further declaration is claimed, all the returned candidates; and (b) any other candidate against whom allegation of any corrupt practice is made in the petition.” A perusal of the aforesaid provision shows that election petitioner is required to join as respondent in his election petition all the contesting candidates in case the prayer is for declaration of election of all or any of the candidates as void and a further prayer has been made for declaring the petitioner therein as one of the elected candidate. In the present case, as noticed aforesaid the prayer of the appellant was to declare the election of Darshan Kumar as void against the seat reserved for general category and also for declaring her an elected Panch and she impleaded as FAO No. 1644 of 2009 3 respondents only the candidate in her own category. Consequence of non- impleadment of necessary parties in terms of Section 77 of the Act have been provided for in Section 80 of the Act and for the non-compliance thereof the election petition is to be dismissed. Similar is the view expressed by this court in Manjit Kaur Vs. Deputy Commissioner-cum-Election Tribunal, Fatehgarh Sahib and others 2010 (4) RCR (Civil) 784, FAO No.5413 of 2010 titled as Ranjit Kaur Vs. Election Tribunal and others decided on 13.01.2011 and FAO No.3292 of 2010, decided on 24.2.2011 titled as Sukhwinder Singh Vs. Rana Singh and others. For the reasons mentioned above, prima facie, I do not find any merit in the present appeal. Accordingly the same is dismissed. (RAJESH BINDAL) JUDGE 06.05.2011 sharmila