JUDGEMENT
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(1.)This appeal is directed against the order passed by Election Tribunal, Bathinda dated 06.1.2010, by which the election petition filed by Daljit Kaur (Respondent No. 3) challenging the election of Respondent Nos. 1 and 2 has been allowed.
(2.)In brief, election to constitute Gram Panchayat Bangi Rughu, Tehsil Talwandi Sabbo, District Bathinda, was held on 26.5.2008. There were 10 candidates in fray for five posts of Panches which were further bifurcated, namely, three from General Category, one was meant for women, one for Scheduled Caste and one for Scheduled Caste (Women). In this election, Respondent No. 3 had polled 163 votes but was not elected, therefore, she filed the election petition under Sections 76, 89, 90 of the Punjab State Election Commission Act, 1994 (for short, 'the Act') read with Punjab Gram Panchayat Election Rules (for short, 'the Rules'). The Petitioner had filed he: nomination papers as General Category but had not made preference to contest the election as a General Category (Woman) Candidate.
(3.)During the pendency of the election petition, Nachhattar Singh (Respondent No. 1. in the election petition) died on 11.5.2009. The Election Tribunal relied upon letter No. SEC-2008/2294/-2313 dated 15.3.2008 issued by the State Election Commission, Chandigarh, in which it is provided that "in case of any individual seeking election against reserve category, a candidate needs to indicate it clearly in column No. 2 of Nomination papers". It was presumed that being individual who is contesting in the reserve category is required to indicate his choice in column No. 2 of the Nomination papers and if no choice is indicated, then it shall be presumed that individual is contesting in the General Category. Admittedly, Respondent No. 3/election Petitioner did not record her choice in column No. 2 of the Nomination papers, rather she had only mentioned General Category.
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