ARSHDEEP KAUR Vs. ELECTION TRIBUNAL-CUM-SUB-DIVISIONAL

JUDGEMENT

(1.) Instant order/judgment is qua two cases i.e. a Civil Writ Petition bearing CWP-8414-2020 and an appeal bearing FAO-2403-2020 arising out of the same impugned order dtd. 19/2/2020, passed by the Election Tribunal-cum-Sub Divisional Magistrate, Barnala, whereby an elected lady sarpanch has been declared as disqualified for making a false declaration in her nomination paper.

(2.) Statutory appeal under Sec. 71 of the State Election Commission Act, 1994 has been also preferred by the disqualified candidate (respondent No.3 in the writ petition) seeking to set aside the aforesaid order passed by the Tribunal.

(3.) Petitioner-Ms. Arshdeep Kaur in the writ petition, inter alia, seeks issuance of a writ in the nature of mandamus and/or any other order directing the official respondents to declare her as a winner/elected candidate, instead of respondent no.3-Ms. Jaspal Kaur, for the post of Sarpanch, Gram Panchayat Village Chauhanke Khurd, Tehsil and District Barnala. Claiming that vide order dtd. 19/2/2020, since Election tribunal has declared respondent No.3 as disqualified by rejecting her nomination papers, there is resultantly no other candidate, except the petitioner, to be considered for the post of Sarpanch. Hence, the writ petition seeking the aforesaid mandamus.