CHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) According to rule 3(1) of the Punjab Gram Panchayat Rules, 1960 (hereinafter called the Rules), election programme was issued by the Sub-Divisional Officer (Civil) Fatehgarh Sahib (Bassi), exercising the powers of Deputy Commissioner under rule 48 of the Rules, notifying that nomination papers of the candidates would be received at Wazirabad school on June 27, 1972, between 9 A.M. and 11 A.M., scrutiny of the nomination papers would take place at the same place on the same date between 11 A.M. and 12 noon, withdrawal of the nomination papers will be allowed at the same place and the same date between 12 noon and 3 P.M. and the announcement of the eligible candidates and allotment of election symbols would be made at the same place and on the same date between 3 P.M. and 5 P.M. It was further stated that the casting of votes would take place at Wazirabad school on June 28, 1972, between 7 A.M. and 3 P.M. Contrary to this election programme notified the nomination papers were received at a school in village Mandaur and the voting also took place there. It is admitted on behalf of respondents 1 to 5 that revised election programme was never published or notified but what is emphasised is that the petitioner was present in the school at village Mandaur when the nomination papers were received and he did not choose to file his nomination papers. This fact is denied by the petitioner but even if that be true, I do not think that the mere presence of the petitioner at village Mandaur at the time of the receipt of the nomination papers can deprive him of the right to question the election held in pursuance of the nomination papers accepted at village Mandaur when the notified place was Wazirabad. The right to elect is a valuable right of the voters and it is not the case of the respondents that all the voters were present in village Mandaur or had been informed that everything in connection with the election would be done at village Mandaur instead of village Wazirabad which was the notified place in the election programme. This election programme had not only been notified in writing but had been publicised through the Chaukidar by beat of drum. It is not stated that the change in the place of election was also publicised through the Chaukidar by beat of drum. In view of these admitted facts, I hold that the election held on June 28, 1972, was wholly illegal and invalid. I accordingly accept this writ petition with costs and quash the election of Panches and the Sarpanch held on that date. Counsel's fee Rs. 100/- to be paid by the State of Punjab. Petition accepted.