Augustine George Masih, J. - (1.) Challenge in this appeal is to the order dated 09.11.2015 passed by the Sub Divisional Magistrate, Election Tribunal, Nawan Shahar, whereby election petition under Section 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as '1994 Act') preferred by respondent No. 2-Arjun Dass son of Balak Ram praying for declaration of the election of the appellant to the post of Sarpanch of Village Haddon Bet held on 03.07.2013 as null and void, illegal on the ground that he is in illegal possession over the Gram Panchayat land and thus, ineligible to contest the elections as per Section 208 (1) (k) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'Panchayati Raj Act') has been allowed and election as per Section 87 (b) of the 1994 Act has been ordered to be reconducted to the post of Sarpanch at Village Haddon Bet, Tehsil Balachour, District Shaheed Bhagat Singh Nagar.
(2.) Briefly, the facts are that the elections were declared to be held on 03.07.2013 to the Gram Panchayat Haddon Bet, Tehsil Balachour, District Shaheed Bhagat Singh Nagar. Appellant and respondent No. 2 filed their nomination papers for the post of Sarpanch. The scrutiny of the nomination papers was held on 21.06.2013 where objections were raised by respondent No. 2 (election petitioner) to the nomination papers of the appellant asserting that the same be rejected as he was in illegal possession over the Gram Panchayat Shamlat Deh Land bearing Khasra No. 15//7 Min situated in Village Haddon Bet, Tehsil Balachour. Copy of the demarcation report dated 28.07.2006 was also attached along with the objections. These objections were over-ruled by the Returning Officer-respondent No. 4. The voting took place, as per schedule, on 03.07.2013, in which the appellant polled 186 votes whereas Arjun Dass-election petitioner-respondent No. 2 polled 178 votes while 5 votes were cancelled. The appellant was, thus, elected as Sarpanch.
(3.) The election of the appellant was thereafter challenged on 06.07.2013 by respondent No. 2 by way of an election petition on the ground of he being in illegal possession of the Gram Panchayat Shamlat Deh land, which petition has been allowed by the Sub-Divisional Magistrate-cum- Election Tribunal, Nawan Shahar on 09.11.2015, which has been challenged in the present appeal.;