FAO No. 5122 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 5122 of 2009 (O&M) Date of decision: October 27, 2009 Jasbir Singh ........ Appellant Versus Rabjir Kaur and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Manish Prabhakar, Advocate for the appellant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. C M No. 25128 CII of 2009 For the reasons stated in the application, delay of one day in filing the appeal is condoned. C.M. stands disposed of accordingly. Appeal This is an appeal against the order dated 01.09.2009 passed by the Election Tribunal, Amritsar vide which, the election petition filed by the respondents No. 1 to 5, herein, was allowed and the election of the appellant, namely, Jasbir Singh was set aside. Further, a direction was also issued to hold FAO No. 5122 of 2009 2 fresh election for the post of Sarpanch of village Mallu Nangal, Block Harsha Chinna, Tehsil Ajnala, District Amritsar. The facts of the case, in short as emerge, are that the notification was issued for the election of Sarpanch. Deputy Commissioner as District Electoral Officer had appointed Balwinder Singh, Panchayat officer, Block Harsha Chinna as a Presiding Officer for the meeting of the Panches. On 12.07.2008, the Presiding Officer issued a notice to all the Panches to come present for meeting on 19.07.2008 at 9.00 a.m. On that day at 9.00 a.m., Jasbir Singh-appellant, Sahib Singh, Darshan Kaur and Sukhwinder Kaur, Proforma respondents No. 6, 7 and 8, herein, were absent in the meeting. The Presiding Officer and Sitara Singh, Tax Collector (Panchayat Secretary) fixed the meeting for 22.07.2008 at 12.30 p.m. in Senior Secondary School, Mallu Nangal. On that day from 12.30. p.m. to 3.00 p.m., only respondents No. 1 to 5 and the general public were present in the School. Whereas, Balwinder Singh Panchayat Officer cum Presiding officer came to the School at 1.00 p.m. At that time, respondents No. 1 to 5, the school teachers, students and general public were present in the school. He, on the pretext of breach of peace, went to police station Jhandher to call police. Hence, no proceedings took place for the election of the Sarpanch on that day and respondents No. 1 to 5 did not sign any proceedings. In spite of the same, the appellant was shown as elected. Thus, the election of the appellant was set aside on the ground that the Presiding officer in connivance with the appellant and Performa respondents No. 6 to 8 have got the proceedings of 22.07.2008 prepared. After hearing the learned counsel for the appellant, it appears that the meeting held on 19.07.2008 was rightly adjourned, but it also appears that FAO No. 5122 of 2009 3 no meeting was held on 22.07.2008. Thus, the election was set aside by the Election Tribunal after recording a finding on facts. In these circumstances, the only way to arrive at the truth is to hold a fresh meeting. No fault can be found with the order of the Tribunal, directing to fix a fresh meeting. Thus, it is only just and fair that a fresh meeting should take place in accordance with law after issuing the notices to all the parties to be present on the date of the meeting so fixed so that the election to the post of Sarpanch is held in a fair and just manner. No merit. Dismissed. (Nirmaljit Kaur) Judge October 27, 2009 mohan