BACHAN MASIH Vs. ELECTION TRIBUNAL GURDASPUR AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the order dated 20.10.2009 passed by Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur (in short "the Tribunal") whereby the Election Petition filed by Bachan Masih-appellant under Section 74 and 76 of the Punjab State Election Tribunal Act read with Rule 51 of the Punjab Panchayat Election of Rules 1994 for declaring the election of Gram Panchayat Mannepur, Block Kalanaur, Tehsil and District Gurdaspur as illegal, null and void was dismissed. The short facts leading to this appeal are as follows:-

(2.) Respondent No. 1-Returning Officer in his written statement pleaded that respondents No. 12 to 20 had withdrawal their names. Reasons for rejecting nomination papers for respondents No. 6 to 11 have been given but there is not an oblique reference to the rejection of nomination papers of appellant. Respondents No. 2 to 5 pleaded that reasons for rejection of nomination papers of appellant was disclosed to him. Respondents No. 6 to 20 supported the claim of the appellant. On the pleadings of the parties following issues were framed.

(3.) The parties led their evidence in support of their respective claims. Learned Tribunal after scrutinizing the evidence led by the parties and hearing them, dismissed Election Petition filed by the appellant vide impugned order dated 20.10.2009 against which the present appeal has been filed which is now meant for disposal.