{"id":158040,"date":"2009-02-18T00:00:00","date_gmt":"2009-02-17T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/arjan-singh-and-others-vs-state-of-punjab-and-others-on-18-february-2009"},"modified":"2018-08-23T17:55:36","modified_gmt":"2018-08-23T12:25:36","slug":"arjan-singh-and-others-vs-state-of-punjab-and-others-on-18-february-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/arjan-singh-and-others-vs-state-of-punjab-and-others-on-18-february-2009","title":{"rendered":"Arjan Singh And Others vs State Of Punjab And Others on 18 February, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Arjan Singh And Others vs State Of Punjab And Others on 18 February, 2009<\/div>\n
CWP No.10815\/2008                                                   -1-\n\n\n\n\n      IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n\n                              CHANDIGARH.\n\n\n                                                Date of Decision:18.2.2009.\n\n\n                      (1) CWP NO.10815\/\/2008\n\nArjan Singh and others\n                                    ..........Petitioners.\n\n            Versus\n\nState of Punjab and others.\n                                 ..........Respondents.\n\nPresent:-   Mr.PK Gupta,Advocate for the petitioners.\n            Mr.NDS Mann,Addl.AG Punjab for the respondents 1 to 3.\n            Mr.Mansur Ali,Advocate for respondent no.4.\n\n\n                         (2) CWP NO.11396\/2008\n\n\nKrishan Kumar\n                                    ..........Petitioner.\n\n            Versus\n\nState of Punjab and others.\n                                 ..........Respondents.\n\nPresent:-   Mr.Mansur Ali,Advocate for the petitioner.\n            Mr.NDS Mann,Addl.AG Punjab for the respondents 1 to 4.\n            Mr.P.K.Gupta,Advocate for respondents 5 to 7.\n\n\n\n                      (3)CWP NO.17620\/2008\n\n\nNathu Ram and another\n                                    ..........Petitioners.\n\n            Versus\n\nState of Punjab and others.\n CWP No.10815\/2008                                                   -2-\n\n\n\n\n                                 ..........Respondents.\n\nPresent:-   Mr.Mansur Ali,Advocate for the petitioners.\n            Mr.NDS Mann,Addl.AG Punjab for the respondents 1 to 3.\n            Mr.CM Munjal,Advocate for respondents 4 to 10.\n\n\n                 (4)CWP NO.17621\/2008\n\n\nPardeep Singh\n                                     ..........Petitioner\n\n            Versus\n\nState of Punjab and others.\n                                 ..........Respondents.\n\n\nPresent:-   Mr.Mansur Ali,Advocate for the petitioner.\n            Mr.NDS Mann,Addl.AG Punjab for the respondents 1 to 3.\n            Mr.CM Munjal,Advocate for respondents 4 to 6.\n\n\n                        (5) CWP NO.17622\/2008\n\nRadhe Sham\n                                     ..........Petitioner.\n\n            Versus\n\nState of Punjab and others.\n                                 ..........Respondents.\n\n\nPresent:-   Mr.Mansur Ali,Advocate for the petitioner.\n            Mr.NDS Mann,Addl.AG Punjab for the respondents 1 to 3.\n            Mr.Amit Rana,Advocate for respondents 4 to 10.\n\n                                   ****\n\n\nCORAM:      HON'BLE MR.JUSTICE SATISH KUMAR MITTAL.\n            HON'BLE MR.JUSTICE JASWANT SINGH.\n\n\nJASWANT SINGH,J.\n<\/pre>\n
            This order, with the consent of learned counsel for the parties,
\n CWP No.10815\/2008                                                   -3-<\/span><\/p>\n
will dispose of CWP No.10815, 11396, 17620, 17621 and 17622 of 2008,<\/p>\n
as common questions of facts and law are involved in all these petitions.<\/p>\n
            The admitted facts in all these petitions are that general<\/p>\n
elections of the gram panchayats in the entire State of Punjab, as per the<\/p>\n
election programme issued by The State Election Commissioner,Punjab<\/p>\n
were scheduled to be held on 26.5.2008; nomination papers were to be filed<\/p>\n
w.e.f. 13.5.2008 till 16.5.2008, scrutiny of nomination papers was to take<\/p>\n
place on 17.5.2008; 19.5.2008 was fixed as the last date for withdrawal of<\/p>\n
nomination papers and allotment of election symbols and 26.5.2008 was<\/p>\n
fixed as a date on which a poll, if necessary was to take place.<\/p>\n
            As stated hereinabove, though the facts are common in all these<\/p>\n
writ petitions, however, for the sake of clarity, it is desirable to briefly<\/p>\n
discuss them separately.\n<\/p>\n
            CWP No.10815 and 11396 of 2008.\n<\/p>\n
            These two writ petitions are inter-connected in so far as these<\/p>\n
relate to the election of the Panches of Gram Panchayat of Village Chak<\/p>\n
Pandian, Tehsil Mukerian, District Hoshiarpur. Since facts of these two<\/p>\n
writ petitions are intermingled and have direct bearing upon each other<\/p>\n
hence, are dealt with together.\n<\/p>\n
              Arjan Singh(General Category), Shakuntla Devi (Women<\/p>\n
Category) and Madan Lal (General Category) (petitioners in CWP<\/p>\n
No.10815\/2008) and Krishan Kumar (petitioner in CWP no.11396\/2008)<\/p>\n
filed their nomination papers to contest the election against five seats of<\/p>\n
Panches of Gram Panchayat, Chak Pandian, in their respective categories.<\/p>\n
While nomination papers of Krishan Kumar (petitioner in CWP
\n CWP No.10815\/2008                                                   -4-<\/span><\/p>\n
no.11396\/2008) were rejected by the Returning Officer, Arjan Singh,<\/p>\n
Shakuntla Devi and Madan Lal (petitioners in CWP No.10815\/2008) were<\/p>\n
declared elected unopposed by the Returning\/Presiding Officer in their<\/p>\n
respective categories on 19.5.2008 itself , which was fixed as the last date<\/p>\n
for withdrawal of nomination papers and allotment of election symbols.<\/p>\n
            Aggrieved against the rejection of his nomination papers,<\/p>\n
Krishan Kumar (petitioner in CWP no.11396\/2008) filed CWP No.9208 of<\/p>\n
2008 in this Court, which was disposed of by a Division Bench vide order<\/p>\n
dated 23.5.2008 (appended as Annexure P\/1 with CWP No.11396\/2008)<\/p>\n
with a direction to the State Election Commissioner, Punjab to consider his<\/p>\n
representation dated 17.5.2008 and decide the same expeditiously.<\/p>\n
            The aforesaid directions dated 23.5.2008 issued by this Court in<\/p>\n
CWP No.9208\/2008, to the State        Election Commission, Punjab, were<\/p>\n
conveyed to the Deputy Commissioner-cum-District Electoral Officer,<\/p>\n
Hoshiarpur, who in turn directed the Additional Deputy Commissioner<\/p>\n
(Dev.)Hoshiarpur to consider and decide the representation dated 17.5.2008<\/p>\n
filed by Krishan Kumar (petitioner in CWP no.11396\/2008) challenging the<\/p>\n
rejection of his nomination papers.\n<\/p>\n
            Accordingly, the Additional     Deputy Commissioner (Dev.)<\/p>\n
Hoshiarpur vide order dated 24.5.2008 (appended as Annexure P\/4 with<\/p>\n
CWP No.10815\/2008), accepted the aforesaid representation dated<\/p>\n
17.5.2008 filed by Krishan Kumar (petitioner in CWP no.11396\/2008),<\/p>\n
holding that his nomination papers were erroneously rejected and the same<\/p>\n
were ordered to be validly filed.\n<\/p>\n
            Consequent to the passing of the order dated 24.5.2008 by
\n CWP No.10815\/2008                                                      -5-<\/span><\/p>\n
Additional Deputy Commissioner (Dev.)Hoshiarpur, the seats of Panches,<\/p>\n
against which Arjan Singh, Shakuntla Devi and Madan Lal (petitioners in<\/p>\n
CWP No.10815\/2008) already stood declared as elected unopposed on<\/p>\n
19.5.2008 by the Returning\/Presiding Officer, were declared as vacant by<\/p>\n
the       Block    Development     and   Panchayat   Officer,   Talwara,     vide<\/p>\n
communication (fax message dated 10.6.2008-appended as Annexure P\/5<\/p>\n
with CWP No.10815\/2008).\n<\/p>\n
                  After the passing of the aforesaid order dated 24.5.2008, the<\/p>\n
posts of Panches of Gram Panchayat Chak Pandian fell vacant, therefore,<\/p>\n
the Additional Deputy Commissioner(Dev.)-cum-Addl.District Electoral<\/p>\n
Officer, Hoshiarpur, vide memo no.3629 dated 6.6.2008 (appended as<\/p>\n
Annexure P\/3 with CWP No.11396\/2008) issued guidelines to all the<\/p>\n
B.D.P.Os., District Hoshiarpur, for holding fresh elections of Gram<\/p>\n
Panchayats, where elections could not be held on 26.5.2008.<\/p>\n
                  Arjan Singh, Shakuntla Devi and Madan Lal        filed CWP<\/p>\n
No.10815\/ 2008 (on 11.6.2008) challenging            the order dated 24.5.2008<\/p>\n
(Annexure P\/4)         passed by Additional Deputy Commissioner, Hoshiarpur<\/p>\n
whereby nomination papers of Krishan Kumar (petitioner in CWP<\/p>\n
No.11396\/2008) were held to be validly filed; and (ii) communication (fax<\/p>\n
message dated 10.6.2008-appended as               Annexure P\/5 with CWP<\/p>\n
No.10815\/2008) declaring the seats of Panches of Gram Panchayat Chak<\/p>\n
Pandian, to be vacant, against which otherwise petitioners-Arjan Singh etc.<\/p>\n
already stood declared as unopposed by the Returning Officer on 19.5.2008<\/p>\n
itself.\n<\/p>\n
                  Since State Election Commission, Punjab       countermanded
\n CWP No.10815\/2008                                                      -6-<\/span><\/p>\n
elections of various Gram Panchayats in the State of Punjab on the ground<\/p>\n
of illegalities committed       by the Returning Officers like wrong<\/p>\n
acceptance\/rejection of nomination papers, alleged fraudulent withdrawals<\/p>\n
or tampering of records etc., many writ petitions were           filed in this<\/p>\n
Court,which were taken up together including the                 writ petition<\/p>\n
No.10815\/2008 (Arjan Singh and others v. State of Punjab<\/a> etc.) for hearing<\/p>\n
at the motion stage by a Division Bench of this Court and vide interim order<\/p>\n
dated 13.6.2008, holding of fresh election of Panches was ordered to be<\/p>\n
stayed, where candidates had been declared elected        in accordance with<\/p>\n
either Section 54 (being unopposed) or Section 69 (after contest) of the<\/p>\n
Punjab   State   Election   Commission      Act,1994    (for   short   Election<\/p>\n
Commission Act 1994).\n<\/p>\n
            Accordingly, Additional Deputy Commissioner(Dev.)-cum-<\/p>\n
Additional District Electoral Officer, Hoshiarpur, vide order dated<\/p>\n
20.6.2008 (appended as Annexure P\/4 with CWP No.11396\/2008) directed<\/p>\n
that   election to Gram Panchayat, Village Chak Pandian, which was<\/p>\n
rescheduled to be held on 22.6.2008, shall remain postponed till further<\/p>\n
orders from this Court.\n<\/p>\n
            It is this order dated 20.6.2008 (Annexure P\/4) which has been<\/p>\n
challenged by petitioner Krishan Kumar in CWP No.11396\/2008, with a<\/p>\n
prayer to direct the respondent-State to forthwith hold elections.<\/p>\n
            An application under Order 1 Rule 10 CPC, bearing CM<\/p>\n
No.19505 of 2008 was moved by Arjan Singh, Shakuntla Devi and Madan<\/p>\n
Lal (petitioners in CWP No.10815\/2008) for impleading them as<\/p>\n
respondents 5 to 7 in CWP No.11396\/2008 (Krishan Kumar vs. State of
\n CWP No.10815\/2008                                                         -7-<\/span><\/p>\n
Punjab and others).\n<\/p>\n
                Vide order dated 1.10.2008, this Court allowed the said<\/p>\n
application and applicants Arjan Singh, Shakuntla Devi and Madan Lal<\/p>\n
(petitioners in CWP No.10815\/2008) were ordered to be impleaded as<\/p>\n
respondents 5 to 7 in CWP No.11396\/2008 (Krishan Kumar vs.State of<\/p>\n
Punjab and others).\n<\/p>\n
                CWP No.17620,17621 and 17622\/2008.\n<\/p>\n
                In these three writ petitions, for election to the seats of Panches<\/p>\n
of Gram Panchayats Bandiwala, Dhani Harcharan Singh Randhawa, and<\/p>\n
Kheowali Dhab respectively, Block Khuian Sarwar, Tehsil Fazilka, District<\/p>\n
Ferozepur, nomination papers of the petitioners were            rejected whereas<\/p>\n
private respondents were declared by the Returning Officer to have been<\/p>\n
elected unopposed on 19.5.2008 itself, i.e. the           date of withdrawal of<\/p>\n
nomination papers and allotment of election symbols.<\/p>\n
                  Petitioners\/villagers of their aforesaid respective Gram<\/p>\n
Panchayats made representation(s) to the State Election Commissioner,<\/p>\n
Punjab, Chandigarh regarding illegal rejection of their nomination papers.<\/p>\n
                The said representations were looked into by the Enquiry<\/p>\n
Officer-cum-Secretary, Regional Transport Authority, Ferozepur and it was<\/p>\n
found that nomination papers of the petitioners should have been accepted.<\/p>\n
Enquiry reports were accordingly submitted to the District Electoral<\/p>\n
Officer\/Additional District Electoral Officer.\n<\/p>\n
                On the basis of the aforesaid enquiry reports District Electoral<\/p>\n
Officer\/Additional District Electoral Officer recommended countermanding<\/p>\n
of the polls.\n<\/p>\n
 CWP No.10815\/2008                                                   -8-<\/span><\/p>\n
            Accordingly, State Election Commissioner, Punjab vide order<\/p>\n
dated 24.5.2008 ordered countermanding of the polls, which, as averred in<\/p>\n
these writ petitions, was to be held on 22.6.2008.\n<\/p>\n
            As already noticed above, since State Election Commission,<\/p>\n
Punjab countermanded elections of various Gram Panchayats in the State of<\/p>\n
Punjab on the ground of illegalities committed by the Returning Officers<\/p>\n
like wrong acceptance\/rejection of nomination papers, alleged fraudulent<\/p>\n
withdrawals or tampering of records etc., many writ petitions were filed in<\/p>\n
this Court,which were taken up together for hearing at the motion stage by<\/p>\n
a Division Bench of this Court and vide interim order dated 13.6.2008,<\/p>\n
holding of fresh election of Panches was ordered to be stayed, where<\/p>\n
candidates had been declared elected in accordance with either Section 54<\/p>\n
(being unopposed) or Section 69 (after contest) of the Punjab State Election<\/p>\n
Commission Act,1994 (for short Election Commission Act 1994).<\/p>\n
            Since private respondents in these three writ petitions already<\/p>\n
stood declared as elected unopposed on 19.5.2008 , Deputy Commissioner-<\/p>\n
cum- District Election    Officer, Ferozepur, vide order dated 16.6.2008<\/p>\n
(appended as Annexure P\/7 with CWP No.17620\/2008 and P\/6 with CWP<\/p>\n
Nos.17621 and 17622\/2008) directed that         election process   of Gram<\/p>\n
Panchayats, Bhandiwala, Dhani Harcharan and Kheowali Dhab (to which<\/p>\n
the petitioners\/private respondents in CWP Nos.17620 to 17622<\/p>\n
respectively belong) shall remain stayed.\n<\/p>\n
            It is this order dated 16.6.2008, quashing of which has been<\/p>\n
sought in these three writ petitions with a further prayer not to declare<\/p>\n
private respondents as unanimously elected.\n<\/p>\n
 CWP No.10815\/2008                                                       -9-<\/span><\/p>\n
             Discussion.\n<\/p>\n
             Mr.P.K.Gupta,    counsel    for   the   petitioners   in     CWP<\/p>\n
No.10815\/2008, Mr.C.M.Munjal and Mr.Amit Rana,Advocates for the<\/p>\n
private respondents (in CWP Nos. 17620, 17621 and 17622 of 2008, who<\/p>\n
were declared unopposed by the Returning Officers) have contended that<\/p>\n
once the result of the election was declared by the Presiding Officer in Form<\/p>\n
V, as per Rule 13 of the Punjab Panchayati Election Rules,1994 (for short<\/p>\n
Election Rules 1994), declaring the petitioners\/ private respondents          as<\/p>\n
unopposed elected Panches, the State Election Commission or any other<\/p>\n
authority has no jurisdiction or power under the law to countermand the<\/p>\n
election.\n<\/p>\n
             It is further submitted that once Form V was issued declaring<\/p>\n
the petitioners\/private respondents elected as Panches, the State Election<\/p>\n
Commission, District Electoral Officer or the Presiding Officer etc. had<\/p>\n
become functus officio and the said result can only be set aside by the<\/p>\n
Election Tribunal on an election petition filed by the defeated candidate or<\/p>\n
any other person under Section 76 read with Section 89 of the Election<\/p>\n
Act,1994).\n<\/p>\n
             It is further submitted that elections can only be countermanded<\/p>\n
on the grounds specified under Section 60 of the Election Act,1994. In<\/p>\n
support of their arguments, that where a candidate is declared elected, his<\/p>\n
election can only be questioned by way of election petition before the<\/p>\n
Election Tribunal, reliance has been placed upon Kashmir Kaur v. State<\/p>\n
of Punjab,<\/a> 2004(1) RCR (Civil) 580; Jagjit Singh v. State Election<\/p>\n
Commission, Punjab<\/a> 2003(2) RCR (Civil) 763, Randhir Singh v. State
\n CWP No.10815\/2008                                                    -10-<\/span><\/p>\n
Election Commission, Punjab, 2004(3) RCR (Civil) 515 and Kulwinder<\/p>\n
Kaur v. State of Punjab, 2005(2)RCR (Civil) 392.\n<\/p>\n
            On the other hand, Mr.NDS Mann, learned Additional<\/p>\n
Advocate General, Punjab (representing          official   respondents) and<\/p>\n
Mr.Mansur Ali,Advocate (representing petitioners in CWP Nos. 11396 and<\/p>\n
17620 to 17622\/2008 and private respondent no.4 in CWP No.10815\/2008),<\/p>\n
by placing reliance on the provisions of Article 243-K of the Constitution of<\/p>\n
India read with Section 3 of the Election Commission Act,1994 and Section<\/p>\n
210 of the Punjab Panchayati Raj Act,1994 (for short Panchayati Act,1994)<\/p>\n
argued that power of superintendence, direction and control           of the<\/p>\n
preparation of the electoral roll for, and the conduct of all elections to<\/p>\n
Panchayat and Municipalities,vests in the State Election Commission and<\/p>\n
extends to countermanding the elections where glaring illegalities like<\/p>\n
wrong acceptance\/rejection      of nomination papers, alleged fraudulent<\/p>\n
withdrawals or tampering of records, etc. have been committed by the<\/p>\n
Presiding\/Returning Officers in the declaration of the results since the<\/p>\n
authorities cannot remain mute spectators.\n<\/p>\n
            It has been further argued that orders for countermanding the<\/p>\n
elections were issued in compliance of the orders dated 21.5.2008 passed<\/p>\n
by this Court in CWP No.8448 of 2008 (Balbir Kaur and others v. State<\/p>\n
of Punjab and others<\/a>) wherein this Court taking in view the manner in<\/p>\n
which the nomination papers were being rejected by the Returning Officers,<\/p>\n
had directed the State Election Commission to consider and decide the<\/p>\n
representations of the affected candidates.\n<\/p>\n
            We have heard the learned counsel for the parties.\n<\/p>\n
 CWP No.10815\/2008                                                      -11-<\/span><\/p>\n
            Before we consider the question of law raised before us, it is<\/p>\n
necessary to reproduce all the provisions of the Acts\/Rules which have<\/p>\n
been relied upon by the learned counsel for the parties:-<\/p>\n
            “The Constitution of India”<\/p>\n
            Article    243-K:    Elections    to   the      Panchayats.-   The<\/p>\n
            superintendence, direction and control of the preparation of<\/p>\n
            electoral rolls for, and the conduct of, all elections of the<\/p>\n
            Panchayats shall be vested in a State Election Commission to<\/p>\n
            be appointed by the Governor.\n<\/p><\/blockquote>\n
            (2)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx<\/p>\n
            (3)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx<\/p>\n
            (4)Subject to the provisions of this Constitution, the Legislature<\/p>\n
               of a State may, by law, make provision with respect to all<\/p>\n
               matters relating to, or in connection with, elections to the<\/p>\n
               Panchayats.\n<\/p><\/blockquote>\n
            243-O Bar to interference by Courts in electoral matters.-<\/p>\n
            Notwithstanding anything in this Constitution-<\/p>\n<\/blockquote>\n
            (a)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx<\/p>\n<\/blockquote>\n
            (b) no election to any Panchayat shall be called in question<\/p>\n
            except by an election petition presented to such authority and in<\/p>\n
            such manner as is provided for by or under any Law made by<\/p>\n
            the Legislature of a State.”\n<\/p><\/blockquote>\n
            “The Punjab Panchayati Raj Act,1994”\n<\/p><\/blockquote>\n
            Section 210:- Election Commission to conduct Panchayat<\/p>\n
            election- The superintendence, direction and control of the
\n CWP No.10815\/2008                                                                 -12-<\/span><\/p>\n
         preparation of electoral rolls for and conduct of, all elections to<\/p>\n
         the Panchayats, shall be vested in the Election Commission.”<\/p>\n
         “The Punjab State Election Commission Act,1994”.<\/p>\n
         Section 3. Election to Panchayats and Municipalities.–(1)<\/p>\n
         The State Government shall by notification in the Official<\/p>\n
         Gazette establish a State Election Commission (hereinafter<\/p>\n
         referred     to   as     the      Election     Commission)              for     the<\/p>\n
         superintendence, direction and control of the preparation of the<\/p>\n
         electoral roll for, and the conduct of all elections to Panchayats<\/p>\n
         and Municipalities.\n<\/p><\/blockquote>\n
               (2)The Election Commission established under sub-<\/p>\n<\/blockquote>\n
                    section(1),    shall     consist     of     a        State   Election<\/p>\n
                    Commissioner        (hereinafter      called          the    Election<\/p>\n
                    Commissioner) to be appointed by the Governor.<\/p>\n<\/blockquote>\n
               (3)The State Government may by notification in the<\/p>\n
                    Official    Gazette,     also     entrust       to     the   Election<\/p>\n
                    Commission for the conduct of elections to any other<\/p>\n
                    body        or bodies to be constituted under the<\/p>\n
                    Constitution of India or under any other law for the<\/p>\n
                    time being in force.\n<\/p><\/blockquote>\n
         Section 54. Procedure in contested and uncontested<\/p>\n
         elections.–(1) If the number of contesting candidates is more<\/p>\n
         than the number of seats to be filled, a poll shall be taken.<\/p>\n<\/blockquote>\n
               (2)If the number of such candidates is equal to the<\/p>\n
               number of seats to be filled, the Returning Officer
\n CWP No.10815\/2008                                                    -13-<\/span><\/p>\n
               shall forthwith declare all such candidates to be duly<\/p>\n
               elected to fill those seats.            (emphasis supplied)<\/p>\n
               (3)If the number of such candidates is less than the<\/p>\n
               number of seats to be filled, the Returning Officer shall<\/p>\n
               forthwith declare all such candidates to be elected and<\/p>\n
               the Election Commission shall, by notification in the<\/p>\n
               Official Gazette, call upon the constituency , or the<\/p>\n
               elected members to elect a person or persons to fill the<\/p>\n
               remaining seat or seats, as the case may be.<\/p>\n
               Provided that where the constituency or the elected<\/p>\n
               members having already been called upon under this<\/p>\n
               sub-section, has or have failed to elect a person or the<\/p>\n
               requisite number of persons, as the case may be, to fill<\/p>\n
               the vacancy or vacancies, the Election Commission shall<\/p>\n
               not be bound to call again upon the constituency, or such<\/p>\n
               members to elect a person or persons until it is satisfied<\/p>\n
               that if called upon again, there will be no such failure on<\/p>\n
               the part of the constituency of such members.<\/p>\n
         Section 58. Adjournment of poll in emergencies.-(1) If at any<\/p>\n
         election, the proceedings at any polling station provided under<\/p>\n
         Section 19 are interrupted or obstructed bny any riot or<\/p>\n
         violence, or if at an election it is not possible to take the poll at<\/p>\n
         any polling station on account of any natural calamity or any<\/p>\n
         other sufficient cause, the concerned Presiding Officer or the<\/p>\n
         Returning Officer, as the case may         be, shall announce an
\n CWP No.10815\/2008                                                  -14-<\/span><\/p>\n
         adjournment of the poll to a date to be notified later by the<\/p>\n
         Election Commission and where the poll is so adjourned by a<\/p>\n
         Presiding Officer, he shall forthwith inform the concerned<\/p>\n
         Returning Officer.\n<\/p><\/blockquote>\n
               (2)Whenever a poll is adjourned under sub-section(1),<\/p>\n
               the Returning Officer shall immediately report the<\/p>\n
               circumstances to the prescribed authority and the<\/p>\n
               Election Commission and the Returning Officer shall, as<\/p>\n
               soon as may be, with the previous approval           of the<\/p>\n
               Election Commission, appoint the day on which the poll<\/p>\n
               shall be taken, and fix the polling station or place at<\/p>\n
               which and the hours during which, the poll shall be taken<\/p>\n
               and shall not count the votes cast at such election until<\/p>\n
               such adjourned poll is completed.\n<\/p><\/blockquote>\n
               (3)In every such case as aforesaid, the Returning Officer<\/p>\n
                  shall notify in such manner, as the Election<\/p>\n
                  Commission may direct, the date, place and hours of<\/p>\n
                  polling fixed under sub-section(2).\n<\/p><\/blockquote>\n
         Section 59.Fresh poll in the case of destructions etc. of<\/p>\n
         ballot boxes.–\n<\/p><\/blockquote>\n
         (1)If at any election,-\n<\/p><\/blockquote>\n
               (a) any ballot box used at a polling station or at a place<\/p>\n
               fixed for the poll is unlawfully taken out of the custody<\/p>\n
               of the Presiding Officer or the Returning Officer, or is<\/p>\n
               accidentally or     intentionally destroyed   or lost, or is
\n CWP No.10815\/2008                                                     -15-<\/span><\/p>\n
               damaged or tampered with, to such an extent, that the<\/p>\n
               result of the poll at that polling station, or place cannot<\/p>\n
               be ascertained; or<\/p>\n<\/blockquote>\n
               (b) any voting machine develops a mechanical failure<\/p>\n
               during the recording of votes; or<\/p>\n
               (c ) any such error or irregularity in procedure as is likely<\/p>\n
                 to vitiate the poll is committed at a polling station or<\/p>\n
                 at a place fixed for the poll;\n<\/p><\/blockquote>\n
         the Returning Officer shall forthwith report the matter to the<\/p>\n
         Election Commission.\n<\/p><\/blockquote>\n
         (2)The Election Commission shall, after taking all material<\/p>\n
           circumstances into account, either,-\n<\/p><\/blockquote>\n
               (a) declare the poll at that polling station or place to be<\/p>\n
               void and shall appoint a day, and fix the house, for taking<\/p>\n
               a fresh poll at that polling station or place and notify the<\/p>\n
               day so appointed and the hours so fixed in such manner,<\/p>\n
               as it may deem fit, or<\/p>\n<\/blockquote>\n
               (b) If satisfied that the result of a fresh poll at that polling<\/p>\n
               station or place will not in any way affect the result of the<\/p>\n
               election or that the mechanical failure of the voting<\/p>\n
               machine or the error or irregularity in procedure is not<\/p>\n
               material;\n<\/p><\/blockquote>\n
         issue such direction to the Returning Officer, as it may deem<\/p>\n
         proper for the further conduct and completion of the election.<\/p>\n
         (3)The provisions of the Act and the rules or orders made
\n CWP No.10815\/2008                                                 -16-<\/span><\/p>\n
         thereunder shall apply to every such fresh poll as they apply to<\/p>\n
         the original poll.\n<\/p><\/blockquote>\n
         Section 60.Adjournment of poll or countermanding of<\/p>\n
         election on the ground of booth capturing.–(1) If at any<\/p>\n
         election-\n<\/p><\/blockquote>\n
               (a) booth capturing has taken place at a polling station or<\/p>\n
               at a place fixed for the poll (hereinafter in this section<\/p>\n
               referred to as a place) in such a manner that the result of<\/p>\n
               the poll at that place cannot be ascertained; or<\/p>\n<\/blockquote>\n
               (b) booth capturing has taken place in any place for<\/p>\n
               counting of votes in such a manner that the result of the<\/p>\n
               counting at that place cannot be ascertained;<\/p>\n<\/blockquote>\n
         the Returning Officer shall forthwith report the matter to the<\/p>\n
         Election Commission.\n<\/p><\/blockquote>\n
              (2)The Election Commission, shall on the receipt of a<\/p>\n
                 report from the Returning Officer under sub-section(1),<\/p>\n
                 and after taking all material circumstances into account,<\/p>\n
                 either–\n<\/p><\/blockquote>\n
               (a)declare that the poll at that place shall be void and<\/p>\n
               appoint a day, and fix the hours for taking fresh poll at<\/p>\n
               that place and notify the date so appointed and hours so<\/p>\n
               fixed in such manner as it may deem fit; or<\/p>\n<\/blockquote>\n
               (b) if satisfied that in view of the large number of places<\/p>\n
               involved in booth capturing , the result of the election is<\/p>\n
               likely to be affected or that booth capturing had affected
\n CWP No.10815\/2008                                                -17-<\/span><\/p>\n
               counting of votes in such a manner so as to affect the<\/p>\n
               result of the election , countermand the election in that<\/p>\n
               constituency.\n<\/p><\/blockquote>\n
               Explanation.-In this section, the expression “booth<\/p>\n
               capturing” shall have the same meaning as is assigned to<\/p>\n
               it in Section 123.\n<\/p><\/blockquote>\n
         69.Declaration of results.–When the counting of the votes has<\/p>\n
           been completed, the Returning Officer, shall in the absence<\/p>\n
           of any direction by the Election Commission to the contrary,<\/p>\n
           forthwith declare the result of the election in the manner<\/p>\n
           provided by this Act or the rules made thereunder.<\/p>\n<\/blockquote>\n
         72.Date of election of candidates.–For the purposes of this<\/p>\n
           Act, the date on which a candidate is declared by the<\/p>\n
           Returning Officer to be elected, shall be the date of election<\/p>\n
           of that candidate.\n<\/p><\/blockquote>\n
         The Punjab Panchayat Election Rules,1994.<\/p>\n
         Rule 13. Publication of the list of validly nominated<\/p>\n
         candidates (Section 43).-The particulars of the validly<\/p>\n
         nominated candidates shall be displayed outside the office of<\/p>\n
         the Returning Officer in Form-V and will contain the names in<\/p>\n
         alphabetical order alongwith the particulars of the candidates<\/p>\n
         and symbols allotted to each of the candidates.<\/p>\n
         Rule 31. Adjournment of polls in emergencies (Section 58).–<\/p>\n
         (1) The Returning Officer, the Presiding Officer, the District<\/p>\n
         Election Officer or the Election Commission may adjourn the
\n CWP No.10815\/2008                                                   -18-<\/span><\/p>\n
         poll in a sabha area or constituency at any time in case the poll<\/p>\n
         is interrupted or obstructed by :-\n<\/p><\/blockquote>\n
               (i)any riot or violence; or<\/p>\n<\/blockquote>\n
               (ii)a direct or indirect threat to the election process or<\/p>\n
                  conduct of poll; or<\/p>\n<\/blockquote>\n
               (iii)an action of snatching or destroying          the ballot<\/p>\n
                  papers; or<\/p>\n<\/blockquote>\n
               (iv)any type of natural calamity; or<\/p>\n<\/blockquote>\n
               (v)booth-capturing at the polling station or at a place<\/p>\n
                  fixed for polling; or<\/p>\n<\/blockquote>\n
               (vi)any other sufficient reason to be recorded in writing.<\/p>\n<\/blockquote>\n
         (2)Whenever the polling is adjourned in terms of the provisions<\/p>\n
           of [sub-rule(1)] the Returning Officer         shall as soon as<\/p>\n
           practicable, report the matter to the Election Commission<\/p>\n
           who shall appoint a day for a fresh poll and shall fix the time<\/p>\n
           at which such poll shall be held.\n<\/p><\/blockquote>\n
         Rule 32.Cancellation of Election Programme.–(1) Subject to<\/p>\n
         the provisions of rule[30] the Election Commission or District<\/p>\n
         Election Officer, for reasons to be recorded in writing, may by<\/p>\n
         an order, cancel the election programme at any time, before the<\/p>\n
         commencement of the poll, [if]<\/p>\n<\/blockquote>\n
               (i)electors are threatened or prevented from exercising<\/p>\n
               their franchise; or<\/p>\n<\/blockquote>\n
               (ii)electors are threatened or prevented directly or<\/p>\n
                  indirectly not to contest the [elections; or]
\n CWP No.10815\/2008                                                   -19-<\/span><\/p>\n<\/blockquote>\n
               (iii)there is any type of natural [calamity]<\/p>\n
         (2)whenever an election programme is cancelled in terms of the<\/p>\n
           provisions of sub-rule (1), the Election Commission shall<\/p>\n
           frame a fresh election programme as provided in section 35<\/p>\n
           in respect of that Sabha area or [constituency].<\/p>\n
         Rule 33.Counting of votes (Section 66).–(1) in a Sabha area<\/p>\n
         where there is only one polling Station, the Returning Officer<\/p>\n
         shall follow the [procedure set out in sub-rule (2) for the<\/p>\n
         counting of votes and declaration of result for election to the<\/p>\n
         Gram Panchayat.\n<\/p><\/blockquote>\n
         (2)The Presiding Officer shall, as soon as practicable, after the<\/p>\n
           close of the poll and in the presence of any candidate or<\/p>\n
           polling agent, who may be present:–\n<\/p><\/blockquote>\n
               (a) inspect and also allow an opportunity to candidates<\/p>\n
               or their polling agents to inspect the ballot-boxes and<\/p>\n
               their seals to satisfy themselves that they are in order;<\/p>\n<\/blockquote>\n
               (b) open the ballot-box after checking the mark or marks<\/p>\n
               made on the box and the label affixed, takes out the<\/p>\n
               ballot papers from the box and arrange them in<\/p>\n
               convenient bundles, separating the ballot-papers which<\/p>\n
               he deems valid from those he rejects;\n<\/p><\/blockquote>\n
               (c ) allow the candidates and their agents who may be<\/p>\n
                 present, reasonable opportunity to inspect all ballot-<\/p>\n
                 papers, which is      in the opinion of the Presiding<\/p>\n
                 Officer, are liable to be rejected but shall not allow
\n CWP No.10815\/2008                                                    -20-<\/span><\/p>\n
                    them to handle those or any other ballot-papers. The<\/p>\n
                    Presiding Officer shall on every ballot-paper which is<\/p>\n
                    rejected , endorse the word “rejected” and record<\/p>\n
                    briefly on such ballot-papers the grounds for its<\/p>\n
                    rejection. A brief record shall be kept of the serial<\/p>\n
                    numbers of all ballot-papers [rejected].<\/p>\n<\/blockquote>\n
                  (d) count the valid votes given in each candidate with the<\/p>\n
                  aid of persons appointed to assist in the counting of votes<\/p>\n
                  and declare the election of the candidate who is found to<\/p>\n
                  have obtained the largest number of valid votes, or, if<\/p>\n
                  more than one member is to be elected for the Gram<\/p>\n
                  Panchayat, then the candidates who are found to have<\/p>\n
                  obtained the largest    number of valid votes shall be<\/p>\n
                  declared to have been elected; and<\/p>\n<\/blockquote>\n
                  (e) after the counting of ballot-papers contained in all<\/p>\n
                  the ballot-boxes has been completed, the Returning<\/p>\n
                  Officer shall record a statement in Form IX showing<\/p>\n
                  the total number of votes polled by each candidate<\/p>\n
                  (emphasis supplied).\n<\/p><\/blockquote>\n<\/blockquote>\n
            The question to be determined by us is whether or not the<\/p>\n
Punjab State Election Commission after the declaration of the result by the<\/p>\n
Presiding Officer\/Returning Officer in case of no contest under sub-section<\/p>\n
(2) of Section 54 and after contest under Section 69 of the Punjab State<\/p>\n
Election Commission Act,1994, declaring a candidate as elected Panch of a<\/p>\n
Gram Panchayat, could countermand the election in exercise of the powers
\n CWP No.10815\/2008                                                        -21-<\/span><\/p>\n
vested in it and direct the holding of fresh election after setting aside the<\/p>\n
earlier result.\n<\/p><\/blockquote>\n
              Similar controversy arose before this Court in CWP Nos.<\/p>\n<\/blockquote>\n
9573\/2008 (Nachhatar Singh and Others v. State of Punjab and others<\/a>)<\/p>\n
and 10547\/2008 (Balwinder Singh v. State of Punjab and others), which<\/p>\n
were allowed vide orders dated 23.12.2008 holding that:-<\/p>\n
              “In our opinion, it is thus clear that once the<\/p>\n
              declaration of result, either in Form V or in Form IX in<\/p>\n
              case of uncontested election and in Form IX in case of<\/p>\n
              a contested election, has been issued\/recorded by the<\/p>\n
              Returning Officer then there can be no question of<\/p>\n
              countermanding the election and tinkering with the<\/p>\n
              result by the State Election Commission or any other<\/p>\n
              authority including the Returning Officer on the<\/p>\n
              ground of    improper rejection or acceptance of the<\/p>\n
              nomination papers or any other illegality committed by<\/p>\n
              the Returning Officer (as alleged in the present two<\/p>\n
              cases). The only remedy available to a candidate is to<\/p>\n
              file an Election Petition under Section 76 on the<\/p>\n
              grounds mentioned in Section 89 of the Punjab State<\/p>\n
              Election Commission Act,1994”.<\/p><\/blockquote>\n
              In the present five cases, it is not disputed that the number of<\/p>\n
candidates for election of Panches in their respective categories was equal<\/p>\n
to the seats to be filled up and the result of their election had been duly<\/p>\n
recorded in Form V issued by the Returning Officer, declaring the
\n CWP No.10815\/2008                                                    -22-<\/span><\/p>\n
petitioners (in CWP No.10815\/2006) and private respondents (in CWPs<\/p>\n
11396, 17620,17621 and 17622\/2008) to be elected Panches of his\/their<\/p>\n
respective Gram Panchayats.\n<\/p>\n
            It is further undisputed that after the declaration of result and<\/p>\n
issuance of the statutory Form V, complaints against improper rejection of<\/p>\n
the nomination papers of the candidates were received and enquired into.<\/p>\n
The State Election Commission, on consideration of         such reports had<\/p>\n
issued the orders countermanding the elections after setting aside the<\/p>\n
election of the petitioner(s) as Panches of their respective Gram Panchayats.<\/p>\n
            The stand taken by the official respondents\/petitioners in CWP<\/p>\n
Nos. 11396,17620 to 17622\/2008 and private respondent no.4 in CWP<\/p>\n
No.10815\/2008 that the State Election Commission had issued the<\/p>\n
impugned orders whereby the elections in the aforesaid Gram Panchayats<\/p>\n
had been countermanded, in compliance of the directions issued by this<\/p>\n
Court in Balbir Kaur and others v. State of Punjab and others (CWP<\/p>\n
No.8448\/2008<\/a> decided      on 21.5.2008    is not sustainable as it was not<\/p>\n
pointed out to the Court that in certain cases like the present ones, the<\/p>\n
result of the election in accordance with the law had been duly declared in<\/p>\n
statutory Form V.\n<\/p>\n
            Keeping in view the       aforesaid discussed provisions,    and<\/p>\n
decision of this Court in CWP No.10547\/2008 (Balwinder Singh v. State<\/p>\n
of Punjab and others) and CWP No.9573\/2008 (Nachhatar Singh and<\/p>\n
others v. State of Punjab and others<\/a>) which were allowed, vide common<\/p>\n
order dated 23.12.2008, we are of the opinion that the impugned orders<\/p>\n
dated 24.5.2008 (Annexure P\/4 in CWP No.10815\/2008)               cannot be
\n CWP No.10815\/2008                                                    -23-<\/span><\/p>\n
sustained. Accordingly, CWP No.10815\/2008 is allowed and the aforesaid<\/p>\n
impugned order dated 24.5.2008 (Annexure P\/4) as well as communication<\/p>\n
(fax message dated 10.6.2008-appended as         Annexure P\/5 with CWP<\/p>\n
No.10815\/2008) are quashed. The official respondents are further directed<\/p>\n
to notify the petitioners (in CWP No.10815\/2008) and private respondents<\/p>\n
in CWP Nos.11396, 17620, 17621 and 17622\/2008 as elected members of<\/p>\n
their respective Gram Panchayats, in accordance with law.<\/p>\n
             For the same reasons, CWP Nos.11396, 17620, 17621 and<\/p>\n
17622\/2008 are hereby dismissed.\n<\/p>\n
             Office is directed to place a copy of this order on the files of<\/p>\n
aforesaid writ petitions.<\/p>\n
\n\n\n\n                                             (Jaswant Singh)\n                                                  Judge\n\n\n\n18.2.2009.                               (Satish Kumar Mittal)\njoshi                                             Judge\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Arjan Singh And Others vs State Of Punjab And Others on 18 February, 2009 CWP No.10815\/2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision:18.2.2009. (1) CWP NO.10815\/\/2008 Arjan Singh and others ……….Petitioners. Versus State of Punjab and others. ……….Respondents. Present:- Mr.PK Gupta,Advocate for the petitioners. Mr.NDS […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-158040","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nArjan Singh And Others vs State Of Punjab And Others on 18 February, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/arjan-singh-and-others-vs-state-of-punjab-and-others-on-18-february-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Arjan Singh And Others vs State Of Punjab And Others on 18 February, 2009 - 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