RAJAN GUPTA,J. - (1.) Petitioner has sought quashing of order dated July 10, 2013 passed by respondent No.1 whereby election of Gram Panchayat village Jaur Singh Wala, Tehsil Patti, District Tarn Taran, was cancelled and fresh election was ordered to be held on July 12, 2013. Petitioner has assailed the order primarily on the ground that after declaration of the result in Form No.IX neither Election Commission nor any other authority could order re-poll for the concerned Gram Panchayat. According to him, such action would not have any sanctity of law. He has relied upon judgment reported as Malkit Kaur v. Jatinder Kaur and others, (Civil Appeal No.4926 of 2000) dated November 20, 2001.
(2.) This plea has been vehemently opposed by Mr. V. Ramswaroop, learned Addl.A.G., Punjab. According to him, petitioner has merely relied upon unsigned documents. Pursuant to election, no notification was in fact issued. He has also referred to the stand taken by the State in its affidavit, according to which, petitioner has placed reliance only on certain typed pages showing names of winning candidates. No such document was ever signed by the competent authority. On merits, he has submitted that after election was conducted, it was found that counting was conducted at a place which was not notified for the purpose. There was, thus, no option left with the authority except to cancel the election and order re-poll.
(3.) Learned counsel for respondents No.3 and 4 has taken a stand in similar terms.;