Nachhattar Singh vs State of Punjab

Ashok Bhan, J.—Prayer made in this petition is for quashing the election of respondent Nos. 7 to 10 who were elected unopposed as

Panches/Sarpanch of village Kang Tehsil Dasuya District Hoshiarpur on 15.1.1993.

Petitioners except petitioner No. 2 are members of Scheduled Caste community and are voters in the Gram Sabha of village Kang and are

eligible/qualified to contest the election to the office of Panch/Sarpanch of the Gram Panchayat. Elections were scheduled to be held on 15.1.1993.

It is averred that petitioner No. 1 was desirous to contest the election of Sarpanch whereas other petitioners were candidates for the posts of

Panches. Petitioners came present before the authorities at 10 a.m. on 15.1.1993 to file their nomination papers. Petitioners were made to sit

outside to await the call of the Returning Officer to hand over the nomination papers. They were not called in to file the same despite their repeated

approaches and requests and ultimately at 1 p.m. Presiding Officer declared elected respondent No. 7 as Sarpanch and respondent Nos. 8, 9 and

10 as Panches unanimously. Petitioners thereafter moved a written representation on 16.1.1993 to the SubDivisional Officer (Civil) for holding the

elections afresh. Petitioners also met the Deputy Commissioner, Hoshiarpur, on 16.1.1993 in the form of a deputation but in spite of the

assurances given to them, the election of respondent Nos. 7 to 10 was not cancelled.

Aggrieved against the action of the respondents, present writ petition has been filed for the relief prayed for in this petition. It is alleged that there

was no unanimity in the village for unanimous election and petitioners were desirous to contest the election but were deprived of their right to

contest the election illegally to oust the whole community from the Gram Panchayat.

In the written statement filed, the Presiding Officer as well as the Polling Officer have taken the stand that none of the petitioners came to file the

nomination papers and those candidates who filed their nomination papers within time were accepted. As the nomination papers were in the same

numbers as of the post of Sarpanch and Panches they were declared elected. It is also stated that proper publication of the election programme as

well as proper procedure for conducting the election was adopted.

A perusal of the pleadings of the parties shows that dispute is whether petitioners were illegally deprived of their right to contest the election.

This question can be determined after taking evidence. Such disputed questions of fact cannot be decided in writ jurisdiction under Article 226 of

the Constitution of India. Dismissed.