- (1.) The petitioners have filed the present petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the declaration of result in Form IX(Anneuxre P-8) and the notification dated 26.12.2008 (Annexure P-9) whereby respondent No.5- Smt. Angrej Kaur was declared as elected member of the Gram Panchayat, Mansoorwala Kalan, Tehsil Zira, District Ferozepur in the election scheduled on 22.6.2008 despite her not filing nomination papers and subsequent election of Sarpanch of Gram Panchayat vide proceedings dated 6.1.2009 is liable to be quashed.
(2.) The facts of the case are that petitioners are electors of Mansoorwala Kalan. Respondent No.1 issued a notification dated 27.2.2008 for holding general elections of the Panchayati Raj Institutions in the State of Punjab which were postponed by respondent No.2 in view of the Resolution of the Punjab Vidhan Sabha. A notification dated 11.4.2008 was also issued by respondent No.1 to this effect. Another notification dated 13.5.2008 was issued by respondent No.2 for holding general elections in the State as per election schedule reproduced below:- 16.5.2008 Last date of filing nomination papers 17.5.2008 Scrutiny 19.5.2009 Withdrawal and allotment of symbols 26.5.2008 Polling
(3.) It is further stated that respondent No.5 was also a candidate in S.C. Women category, who was declared as elected unopposed on 19.5.2008. A written complaint dated 20.5.2008 was made to Punjab State Election Commissioner, Punjab alleging that the candidature of petitioner No.1 was wrongly rejected and the Election Commissioner ordered the Deputy Commissioner to conduct an inquiry and to report and on his report the election of the Gram Panchayat fixed for 26.5.2008 was countermanded. Thereafter elections were directed to be held on 22.6.2008 vide a letter dated 10.6.2008(Annexure P-5). Seven candidates including petitioner No.1 filed their nomination papers in different category. Since there were seven seats these seven candidates were unanimously elected and declaration dated 14.06.2008 was made in Form V(Annexure P-6). . It is noteworthy that respondent No.5 neither challenged the order countermanding the election nor filed nomination for the said election nor challenged the declaration of the result of petitioner No.1 as having been elected. However, the Deputy Commissioner vide letter dated 16.6.2008 (Annexure P-7) mentioned that members in SC Women Category who had filed their nomination papers earlier were to be elected as having been declared elected unopposed.;