R.P. Nagrath, J. - (1.) THE petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the impugned order dated 7.11.2014, passed by the Election Tribunal closing the evidence of petitioner by order. Respondent No. 2 -Harpreet Kaur has filed a petition (Annexure P -1) under Sections 74, 75 and 76 of the Punjab State Election Commission Act, 1994 (for short to be hereinafter referred to as 'the Act') and the Rules framed thereunder declaring the election of petitioner as Sarpanch of Gram Panchayat of village Saidpur, Tehsil and District Fatehgarh Sahib as null and void. Respondent No. 3 -Harbans Kaur also contested the aforesaid election. The elections were held on 3.7.2013. It was stated that the petitioner was in fact serving as a teacher in Government Elementary School, Saidpura under the supervision and management of Gram Panchayat of the village and receiving salary from the Gram Panchayat. It was, thus, stated that respondent No. 1 -petitioner was not eligible to contest the elections but her nomination papers were wrongly accepted.
(2.) IT was further stated that Returning Officer on counting of votes initially announced that respondent No. 2 secured 249 votes and the petitioner secured 244 votes but later on it was disclosed that respondent No. 2 secured 239 votes and the petitioner herein secured 254 votes whereas respondent No. 3 the other candidate secured 7 votes. The cancelled votes were polled in favor of respondent No. 2 who is petitioner before the Election Tribunal. The petitioner in her reply to the election petition admitted that she was serving as a teacher under the supervision of Gram Panchayat and receiving salary but she in fact had submitted resignation to the Administrator on 1.6.2013 and to the Gram Panchayat on 18.6.2013 which was accepted by the Managing Committee on the same day itself. So on the date of filing nomination, she was not employed. The other allegations with regard to counting were disputed.
(3.) THE impugned order passed by the Election Tribunal dated 7.11.2014 (Annexure P -3) is reproduced as under: - "Petition presented. Case called. Clerk of counsel for the petitioner is present and respondent or her counsel are not present. No evidence led by respondent counsel on last three dates and respondent or her counsel has not come present in this Court on last two dates. So evidence of respondent is closed and the case is adjourned for arguments for 11.11.2014.";