- (1.) This appeal is directed against the order dated 18.3.2011 passed by the Sub Divisional Magistrate-cum-Election Tribunal, Batala (for short - 'the Tribunal'), whereby Election Petition under Sections 74 and 76 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the Act') filed by the appellants for setting aside the election of respondent No.1 as Sarpanch was dismissed.
(2.) The brief facts of the case are that earlier the appellants had filed Civil Writ Petition No.12694 of 2008 with a prayer for setting aside the election of respondent No.1 as Sarpanch of Gram Panchayat, Village Bhagwanpur, Block & Tehsil Dera Ababa Nanak, District Gurdaspur on the ground that she has been declared elected without ignoring their claim of majority. This Court had allowed the appellants to withdraw the writ petition with liberty to file an election petition under Section 76 read with Section 89 of the Act and the Election Tribunal was directed to decide the Election Petition expeditiously. Thereafter, the appellants had filed an Election Petition dated 15.6.2009 challenging the election of Darshan Kaur (respondent No.1).
(3.) Vide order dated 18.3.2011, the Election Tribunal Passed the following order:- "In view of the above discussion, I am of considered opinion that the petitioners did not come present for the election of Sarpanch on 22.7.2008 and accordingly, in their absence and since no quorum was required during meeting dated 22.7.2008 being the second one, respondent No.1 was elected as the Sarpanch of Gram Panchayat, Bhagwanpur in a legal manner. This issue is, therefore, decided against the petitioners and in favour of the respondents. In view of my findings on issue No.1 above, the election petition is dismissed with the result that the election of respondent No.1 as Sarpanch, Gram Panchayat, Bhagwanpur, is upheld being legal and valid. Parties be communicated. The file be consigned to the record room after its due compliance.";