- (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:- There were seven seats for the office of Panches of village Mannepur Block Kalanaur, Tehsil and District Gurdaspur, out of which four seats were general and two were meant for women-general category. One seat was reserved for backward class category. As per notification, the nomination papers were to be filled and filed from 13.05.2008 to 16.05.2008 and scrutiny of the nomination papers was to be done on 17.05.2008. Withdrawal of nomination papers was fixed as 18.05.2008. Twenty candidates submitted their applications on the prescribed forms along with required documents to Returning Officer respondent No. 2, who confirmed the correctness of all the papers but failed to give any receipt. The Returning Officer cancelled the nomination papers of six lady candidates out of eight and also cancelled the nomination papers of the appellant meant for reserve seat without assigning any reason. The appellant made representations to higher authorities and also approached the Hon'ble High Court regarding the high handedness of respondent-Returning Officer.
(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. 1. Whether the election of Gram Panchayat Mannepur is liable to be declared as illegal null and void and set aside on the grounds mentioned in the petition? OPP 2. Whether the election petition is not maintainable? OPR 3. Relief.
(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.;