K.S.GAREWAL,J - (1.) THIS judgment shall dispose of this petition and CWP No. 7669 of 2008 Sudesh Rani v. State of Punjab, CWP No. 7670 of 2008 Gurdip Singh v. State of Punjab, CWP No. 7671 of 2008 Salwinder Singh v. State of Punjab, CWP No. 7672 of 2008 Paramjit Singh v. State of Punjab and CWP No. 7673 of 2008 Jagir Singh v. State of Punjab as common question of law is involved in all these petitions.
(2.) IT was the arch conservative Winston Churchill who saw an election as a small booth which a small man enters with a pencil to put a mark on a piece of paper. As a proud, independent and liberal democracy we too cherish free, fair and impartial elections because that is how true democracy is born. The constitutional promise contained in Part IX has introduced constitutional governance at the village, intermediate and district levels through Gram Panchayats, Panchayat Samitis and Zila Parishads. These institutions are the creation of the Punjab Panchayati Raj Act, 1994 (herein after referred to Panchayat Act). Elections to the Panchayats are conducted by the Punjab State Election Commission formed under the Punjab State Election Commission Act, 1994 (hereinafter referred to the Election Act) and the Punjab Panchayat Election Rules 1994 (hereinafter referred to the Rules) which have been made under the provisions of Section 139 of the Election Act.
(3.) THE six cases before us are the petitions filed by various candidates to complain against different types of violations of election rules and procedures. The constant refrain is that the petitioners' nomination papers have been improperly rejected and thereby they have been denied the right to contest elections. In these cases we are concerned with elections to Panchayat Samitis and Zila Parishads which are under way in Punjab. The election programme dated April 28, 2008 is given below :- a) May 2, 2008 (Friday) last date for filing nomination: b) May 3, 2008 (Sunday) scrutiny of nominations; c) May 5, 2008 (Monday) last date for withdrawal of candidates: d) May 12, 2008 (Monday) polling day shall, if necessary taken e) May 15, 2008 (Thursday) the date by which the election shall be completed. ;