- (1.) M .M. Kumar Smt. Harchand Kaur (for brevity the election petitioner'] has filed this petition under Section 80 and 81 read with Section 100 of the Representation of the People Act, 1951 (for brevity the Act'), challenging and for setting aside the election of Shri Gobind Singh Kanjla (for brevity the returned candidate') from 82-Sherpur (SC) Assembly Constituency (for brevity 'the Constituency'), held on 13.2.2002.
(2.) THE case of the election petitioner in short is as follows :- The petitioner contested election from the Constituency, held on 13.2.2002. Her name is enrolled in the voter list at Sr. No. 1098 from village Ghanauri Kalan, Tehsil Dhuri, District Sangrur. On the recommendation made by the Election Commission of India, the Governor of Punjab, had issued notification under Section 15 of the Act which was published in the official gazette of the State of Punjab on 26.12.2001, calling upon all Constituencies to elect members for the purpose of constitution of new elected Assembly on the expiry of the term of the existing Assembly. The election programme was issued by notification published by the Election Commission in the official gazette, which was as follows :- i) The last date for making nominations. 23.1.2002 ii) The date for the scrutiny of nomination. 24.1.2002 iii) The last date for the withdrawal of candidature. 28.1.2002 iv) The date on which poll is to be held. 13.2.2002 v) Counting of votes. 24.2.2002 vi) The date before which the election is to be completed. 28.2.2002 The election petitioner being voter from one of the village falling in the Constituency and on account of the fact that she belonged to Ramdasi Sikh caste, which is declared as Scheduled Caste, applied for issuance of Scheduled Caste Certificate. The certificate was issued by Tehsildar, Dhuri on 15.1.2002 (P-1). The election petitioner claims to be fully eligible and qualified to contest election from the reserved Constituency in accordance with the provisions of Section 5 of the Act. The Ramdasi Sikh caste to which the election petitioner belongs is covered by the notification issued by the State of Punjab.
(3.) IN addition to the election petitioner, nine other candidates including the returned candidate filed nomination papers from the Constituency, which was displayed by the Returning Officer after scrutiny. The names of the aforementioned persons are as under :- Sr.No. Name of the Candidate Name of party from which contested i) Harchand Kaur Indian National Congress ii) Harnek Singh Bahujan Samaj Party iii) Chand Singh Chopra C.P.I. (M) iv) Piara Singh Shiromani Akali Dal v) Rajdev Singh Shiromani Akali Dal (Simranjit Singh Mann) vi) Harnek Singh Independent vii) Gian Singh Independent viii) Gurmail Singh Independent ix) Gobind Singh Independent x) Bant Singh Independent ;