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Sunday, August 8, 2010

Punjab State Election Commission Act, 1994, S.76 and 89

2010(3) LAW HERALD (P&H) 2029
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr.Justice Rakesh Kumar Jain
FAO No.492 of 2010 (O&M)
Amrik Singh
v.
Election Tribunal, Gurdaspur & Ors.
{Decided on 05/05/2010}
For the Appellant: Mr. H.S.Sethi, Advocate.
For the Respondent Nos.4 to 6: Mrs. K.K. Kahlon, Advocate.
Punjab State Election Commission Act, 1994, S.76 and 89--Civil Procedure Code, 1908, O.5 R.17--Election of Sarpanch--Notice of meeting--Service of notice--Summons bear the endorsement of serving officer that appellant and respondent Nos. 4 to 6 have refused to take summons which were served upon them for purpose of attending meeting dated 19.7.2008--CPC provides a procedure in case of refusal of service of summons by defendant--In case defendant refused to sign acknowledgment, serving officer shall affix a copy of summon on outer door or some conspicuous place of his house in which defendant ordinarily resides or carries on business or personally works for gain--No such procedure has been adopted by serving officer--Procedure carried out on 19.7.2008 in which members of minority group have elected Sarpanch on basis of report of refusal of summons by appellant and respondent No. 4 to 6 has to be set aside--Deputy Commissioner directed to hold fresh meeting for purpose of election of Sarpanch, after giving due notice to all concerned in accordance with law.