GURDIAL SINGH EX-SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, the learned Advocate General, Punjab, and the learned counsel for the Respondents No. 5, 6 and 7.

(2.) 'this writ petition relates to the election of Gram Panchayat Midhu Khera, Tehsil Malout, District Faridkot. The petitioner is one of the candidates contesting the election for the office of Sarpanch. Paramjit Singh, respondent No. 5, is the other contesting candidate for the office of Sarpanch. The nominations in respect of the said elections were to be made on January 21, 1993, and the poll was to place on January 22, 1993. On January 22, 1993, during the polling one Polling Officer, Shri Gurmail Singh, was caught having in his possession the ballot papers to be used for the election of Panches and Sarpanch. The Returning Officer suspended the poll and reported the matter to respondent No. 3, namely, the sub-Divisional Officer. The Sub Divisional Officer reported the matter to the Deputy Commissioner concerned, who accepted the report of the Returning Officer and thereafter passed an order suspending the poll and directed that the election shall take place on some other day. This poll has been postponed on more than one occasion.

(3.) AFTER the filing of the nomination papers on January 21, 1993, the voters' list has been changed. The subsequent poll was sought to be held on the basis of the revised electoral rolls which had come into existence after January 21, 1993, when the nomination papers had been filed in respect of the elections, in question. The petitioner challenged the holding of the election on the basis of the revised electoral rolls on the ground that only the electoral list, which was in existence on January 21, 1993, the date of nominations, could be the list, on the basis of which the election could be held. Section 5 (2) of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act) provides that every person who is entered as a voter on the electoral roll of the Punjab Legislative Assembly for the time being in force, pertaining to the area of any Sabha shall be member of the that Sabha. In the circumstances, a person who is entered as a voter in the electoral roll for the time being could be entitled to vote in the election. The question which arises for our consideration is as to what meaning should be given to the expression, "for the time being in force", occurring in Sub-section (2) of the Section 5 of the Act ? A similar matter came up for consideration before the Supreme Court in Narendra v. Manikrao, wherein the Hon'ble Supreme Court laid down as follows: