JUDGMENT
S.N. Aggarwal, J.
1. Elections to the office of Sarpanch in village Kotla Heiran, Tehsil Shahkot had taken place on 29.6.2003. The said seat was reserved for ladies out of General Category. Niranjan Kaur appellant and Charanjit Kaur alias Mandeep Kaur, respondent No. 1 (hereinafter to be referred to as Charanjit Kaur), had contested the elections against each other. Charanjit Kaur,respondent was declared successful. Thereafter, Niranjan Kaur filed Election Petition. The said petition was dismissed by the learned Presiding Officer, Election Tribunal, Jalandhar vide his order dated 18.8.2006.
2. Hence, the present appeal.
3. The submission of learned Counsel for the appellant was that Charanjit Kaur respondent had failed to appear before the Election Tribunal. She was proceeded against ex parte on 6.1.2005. She failed to appear even thereafter. The Presiding Officer, Election Tribunal, Jalandhar vide order dated 25.4.2005 set aside the election of Charanjit Kaur, respondent and declared the appellant elected as Sarpanch of this village. In pursuance of this order, the appellant had assumed charge of Sarpanch and her election as Sarpanch was also notified on 15.7.2005. As notification dated 15.7.2005 has not been set aside so far, therefore, impugned order dated 18.8.2006 passed by the Election Tribunal was illegal and be set aside.
4. This appeal has long history of litigation behind it. Admittedly, Charanjit Kaur respondent was declared elected as Sarpanch of village Kotla Heiran in the election held on 29.6.2003. However, in the election petition filed by the appellant against her, the respondent was proceeded against ex parte on 6.1.2005. Charanjit Kaur respondent filed an appeal against the order (FAO No. 2803 of 2005) in this Court which was disposed of by this Court vide order dated 9.6.2005. She was granted liberty to challenge that order passed against her as well as order dated 25.4.2005.
5. Thereafter, Charanjit Kaur respondent had filed an application for condonation of delay for setting aside ex parte orders dated 6.1.2005 and 25.4.2005 and for staying the operation of order dated 25.4.2005. Stay order for maintenance of status quo was passed by the Election Tribunal on 7.7.2005 which was subsequently modified on 28.7.2005 to the effect that order dated 25.4.2005 shall cease to have effect qua the rights of Charanjit Kaur, respondent.
6. Niranjan Kaur appellant was aggrieved against the orders dated 7.7.2005 and 28.7.2005 on which she filed Civil Writ Petition No. 14525 of 2005 in which the following order was passed by this Court on 13.9.2005:
Present:Mr.C.L.Sharma, Advocate for the petitioner. Counsel for the petitioner submits that respondent No. 3 was proceeded against ex parte on 6.1.2005. Thereafter on 14 dates none appeared for respondent No. 3. On 25.4.2005, the election petition was decided in favour of the petitioner. Thereafter respondent No. 3 filed FAO in this Court challenging the order dated 6.1.2005 without disclosing that the election petition had actually been dismissed on 25.4.2005. The FAO was disposed of by this Court on 9.6.2005. On the basis of the aforesaid order, respondent No.3 filed application before the Election Tribunal on 10.6.2005. In the meantime, the petitioner had been declared elected on 25.4.2005 and she took over as Sarpanch. Initially vide order dated 7.7.2005 the Election Tribunal directed the maintenance of status-quo. Subsequently, however, vide order dated 28.7.2005, it has been ordered that the order dated 25.4.2005 will cease to have effect. Orders dated 7.7.2005 and 28.7.2005 have been passed without service on the petitioner of any notice. Even otherwise, the election of the petitioner having been notified on 15.7.2005, the order dated 25.4.2005 could not be nullified without the notification being set aside.
Notice of motion for 13.12.2005.
In the meantime, operation of order Annexure P/6 shall remain stayed.
7. This order was followed by another order dated 31.1.2006 by which the Civil Writ Petition No. 145254 of 2005 was disposed of. It reads as under:
Present:Mr.C.L.Sharma Advocate for the petitioner. Mr. R.K. Garg Advocate for the respondents. Learned Counsel for the parties are agreed that the proceedings before the Election Tribunal may be permitted to continue. It may, however, be directed to maintain status quo as directed by this Court on 13.9.2005. In view of the above, petition is disposed of. The order passed by this Court on 13.9.2005 shall continue during the pendency of the proceedings before the Election Tribunal.
8. The Election Tribunal vide order dated 3.4.2006 accepted the application filed by Charanjit Kaur respondent and the order dated 6.1.2005 was set aside vide order dated 3.4.2006.
9. The order dated 3.4.2006 was again challenged by the appellant by filing Civil Writ Petition No. 6705 of 2006. The writ petition was dismissed by this Court vide order dated 2.5.2006. Since ex parte order dated 6.1.2005 has been set aside by the Election Tribunal vide order dated 3.4.2006 and the said order has been up-held by the Hon’ble Division Bench of this Court vide order dated 2.5.2006 passed in Civil Writ Petition No. 6705 of 2005, therefore, all subsequent proceedings from 6.1.2005 including order dated 25.4.2005 stand abrogated.
10. After the ex parte proceedings were set aside, the parties were given an opportunity to lead evidence and after hearing both the parties on the main matter, the Election Petition filed by the appellant was dismissed by the Election Tribunal vide order dated 18.8.2006. Since the main petition has been dismissed, therefore, the order dated 25.4.2005 by which the election of respondent No. 1 was set aside and the appellant was declared elected automatically stood extinguished so also the joining report of the appellant dated 5.7.2004 as Sarpanch and notification dated 15.7.2005 vide which her election as Sarpanch was notified.
11. No doubt, this Court had stayed the operation of orders dated 7.7.2005 and 28.7.2005 vide order dated 13.9.2005 passed in Civil Writ Petition No. 14525 of 2005 but the same order was followed by another order dated 31.1.2006 by which stay order granted by this Court on 13.9.2005 was to continue only till the pendency of the proceedings before the Election Tribunal. Once, the final order dated 18.8.2006 has been passed, all orders automatically stand merged in the final order dated 18.8.2006 passed by the Election Tribunal.
12. As a result, therefore, order dated 25.4.2005 stands set aside. All the consequential proceedings i.e. joining report of the appellant as Sarpanch and the notification of the appellant as Sarpanch also stand defeated.
13. The Election Tribunal in the order dated 18.8.2006 has specifically observed that the appellant has failed to prove the charges on the basis of which she had challenged the election of Charanjit Kaur.
14. Since the Election Tribunal has passed a detailed and well reasoned order in dismissing the Election Petition, I find no ground to interfere with the said order and dismiss this appeal.