Mohinder Pal, J. - (1.) This is an appeal against the order dated 30.11.2009 passed by Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur (hereinafter referred to as 'the Tribunal') dismissing the election petition filed by the petitioners-appellants under Section 76 of the Punjab State Election Commission Act, 1994 for declaring the election of respondent Surjit Singh as Sarpanch of Village Mallewal as illegal, null and void. It was submitted that election for the office of Panches of Village Gram Panchayat, Mallewal was held on 26.05.2008. The petitioners as well as respondents No.1 to 3 declared as duly elected Panches of this Gram Panchayat. Further for the election of Sarpanch, Sarwan Singh, Fishery Officer, Batala was appointed as the Returning Officer. After the election of the duly elected Panches, the local MLA who happens to be a Cabinet Minister in the Punjab Government was pressuring the said Sarwan Singh to get respondent No.1 Surjit Singh declared as elected Sarpanch of Village Gram Panchayat, Mallewal but the majority of the Panches were not with him. The Presiding Officer Sarwan Singh refused to obey the illegal directions and proceeded on leave. Ultimately, new Presiding Officer, namely, Gurdev Singh respondent No.4 was assigned the job for conducting election of Sarpanch. The petitioners and other Panches of Gram Panchayat were informed to come present on 18.07.2008 at 1.00 P.M. in the office of Market Committee, Kalanaur for the purpose of election of Sarpanch. When the petitioners as well as other members reached at the appointed place and time, they were informed that Sarwan Singh has proceeded on leave. It was also informed that now election will be held under the new Presiding Officer, namely, Gurdev Singh respondent No.4 and fresh notice regarding the convening of the meeting will be issued. After few days, the petitioners came to know that respondent No.4 Gurdev Singh has declared respondent No.1 Surjit Singh as duly elected Sarpanch of Gram Panchayat, Mallewal without convening the meeting of the Panches. The petitioners reported the matter to the higher authorities and the District Development Panchayat Officer, Gurdaspur. One Surjit Singh Block Development and Panchayat Officer, Kalanaur (for short as 'BDPO') was appointed as Inquiry Officer. In his report, he observed that on the fixed date for the election of Sarpanch, Gurdev Singh Presiding Officer did not come there. The Inquiry Officer further reported that he visited the venue of the election on the day for number of times but the Presiding Officer was absent. It was found that the Presiding Officer has declared respondent No.1 Surjit Singh as Sarpanch of Gram Panchayat at some secret place. Finally, he concluded that respondent No.1 in connivence with the Presiding Officer has committed serious corrupt practices and the Presiding Officer illegally declared respondent No.1 as duly elected Sarpanch of the Gram Panchayat.
(2.) After notice, respondents No.1 to 3 appeared through their counsel while respondent No.4 Gurdev Singh, Presiding Officer appeared in person.
(3.) On the pleadings of the parties, the following issues were framed: 1.Whether the election of respondent No.1 for the Office of Sarpanch of Gram Panchayat, Mallewal is liable to be set aside on the grounds mentioned in the petition OPP 2. Relief.;