Punjab State Election Commission Act, 1994

Punjab State Election Commission Act, 1994
S.20(1)--Election of Gram Panchayat--Disqualification--Respondent no.1 removed from post of Sarpanch--Respondent no.1 not debarred from contesting any election much less for any fixed period.; Jaswant Singh v. Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur & Ors., ; 2010(1) Law Herald (P&H) 853
S.76--Punjab Panchayati Raj Act, 1994, S.208(1)(o)--Election of Gram Panchayat--Disqualification--Punjab State Election Commission Act, 1994 (Act of 1994) is later in time than Punjab Panchayati Raj Act, 1994 (Act)--Disqualification mentioned in Section 208 of Act would not be operative in face of disqualification provided under Section 11 of Act of 1994 unless and until they both are consistent.; Jaswant Singh v. Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur & Ors., ; 2010(1) Law Herald (P&H) 853

Punjab State Election Commission Act, 1994

S.20(1)--Election of Gram Panchayat--Disqualification--Respondent no.1 removed from post of Sarpanch--Respondent no.1 not debarred from contesting any election much less for any fixed period.; Jaswant Singh v. Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur & Ors., ; 2010(1) Law Herald (P&H) 853
S.76--Punjab Panchayati Raj Act, 1994, S.208(1)(o)--Election of Gram Panchayat--Disqualification--Punjab State Election Commission Act, 1994 (Act of 1994) is later in time than Punjab Panchayati Raj Act, 1994 (Act)--Disqualification mentioned in Section 208 of Act would not be operative in face of disqualification provided under Section 11 of Act of 1994 unless and until they both are consistent.; Jaswant Singh v. Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur & Ors., ; 2010(1) Law Herald (P&H) 853

Disqualification--Mere registration of appellant in two different electoral rolls simultaneously

2010(1) LAW HERALD (P&H) 301
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Ms Justice Nirmaljit Kaur
FAO No. 4766 of 2009
Joginder Singh
v.
Baldeep Singh & Ors.
{Decided on 12/11/2009}
For the Appellant: Ms Archana Sharma, Advocate.
For the Respondent No.1: Mr. Deepak Arora, Advocate.
IMPORTANT POINT
Election--Presentation of petition--Limitation--Mere fact that High Court dismissed writ petition as withdrawn with direction to avail remedy of election petition in accordance with law does not in itself amount to direction for condonation of delay.
Election--Member of Gram Panchayat--Disqualification--Mere registration of appellant in two different electoral rolls simultaneously, is not one of the disqualifications as laid down either in Section 208 of Punjab Panchayati Raj Act, 1994 and Section 11 of Punjab State Election Commission Act, 1994.
(A) Punjab State Election Commission Act, 1994, S.76--Presentation of petition--Limitation--Challenge to election of Gram Panchayat--Election petition should have been filed within a period of 45 days from date of election of returned candidate--Election held on 26.5.2008--Election petition filed on 11.11.2008--Is time barred--Mere fact that High Court dismissed writ petition as withdrawn with direction to avail remedy of election petition in accordance with law does not in itself amount to direction for condonation of delay. (P.7)
(B) Punjab State Election Commission Act, 1994, S.11--Punjab Panchayati Raj Act, 1994, S.208--Election of Member of Gram Panchayat--Disqualification--Mere registration of appellant in two different electoral rolls simultaneously, is not one of the disqualifications as laid down either in Section 208 of Punjab Panchayati Raj Act, 1994 and Section 11 of Punjab State Election Commission Act, 1994--No evidence that he exercised his vote in election of Gram Panchayat of other village--Moreover appellant had submitted application for deleting his name from electoral of other village filed much before election--Appellant ordered to be continued as rightly elected Sarpanch of Gram Panchayat. (P.12, 13, 14 & 15)
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