- (1.) The questions which arises for consideration in this case are as follows: i) Whether in terms of Section 32(3) of the Punjab State Election Commission Act, 1994 [for short "the Act"], the electoral roll of a constituency can be amended by making an entry after the last date for making nominations is over? ii) Whether an election petition deserves dismissal if it is admittedly not presented by the candidate himself in violation of Section 76(1) of the Act?
(2.) The present appeal is directed against order of the Election Tribunal, Amloh, District Fatehgarh Sahib dated 23.10.2009 by which a petition filed under Section 76 of the Act and Rules 87 & 88 of the Punjab Municipal Election Rules, 1994 for challenging the election of respondent No. 2 (Rajiv Sood) as Municipal Councillor/Municipal Commissioner from ward No. 4 of the Municipal Council, Mandi Gobindgarh, has been dismissed.
(3.) In brief, the appellant and respondent No. 2 contested election for the office of Municipal Councillor/Municipal Commissioner from ward No. 4 of the Municipal Council, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib which was held on 30.06.2008 and respondent No. 2 was held elected with the margin of 15 votes as against the appellant. The appellant filed a petition under Section 76 of the Act on 09.07.2008, which was admittedly presented by his advocate, assailing the election of respondent No. 2, basically on the ground that he had got prepared 33 supplementary voter list in connivance with the Returning Officer (Sub Divisional Magistrate) after filing his nomination, whereas the margin of victory of respondent No. 2 was only of 15 votes. Hence, the illegal preparation of votes at the instance of respondent No. 2 has materially effected the election.;