NAGAR SINGH @ NAGO Vs. BUKHAN SINGH
LAWS(P&H)-2010-3-108
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 02,2010

Nagar Singh @ Nago Appellant
VERSUS
Bukhan Singh Respondents


Referred Judgements :-

PRAKASH KHANDRE V. DR. VIJAYA KUMAR KHANDRE [REFERRED TO]


JUDGEMENT

- (1.)This appeal is directed against the order of Additional Deputy Commissioner-cum-Election Tribunal, Barnala dated 25.8.2009 by which the election of Nagar Singh @ Nago (appellant No. 1) has been set aside and Bukhan Singh (respondent No. 1) has been declared to have been elected.
(2.)In brief, the facts of the case are that the election in Thirteen Wards to constitute Municipal Council, Tapa was held on 30.6.2008. Five candidates contested the election from Ward No. 12, namely, Nagar Singh @ Nago (appellant No. 1), Gurcharan Singh, Namberdar(Appellant No. 2), Bukhan Singh (respondent No. 1), Shobha Ram (respondent No. 2) and Gurmeet Singh (respondent No. 3). Appellant No. 1 polled 386 votes and was declared elected defeating his nearest rival Bukhan Singh (respondent No. 1) who challenged his election on the ground that he was convicted and sentenced vide judgment dated 17.01.2007 passed by Special Judge, Barnala for a period of three years' rigorous imprisonment with a fine of Rs. 5000/- in case FIR No. 78 dated 9.5.2003 registered under Section 13 of the Prevention of Corruption Act, 1988 and was dismissed from the post of Chowkidar, PUNSUP, Barnala on 1.6.2006. It is also pertinent to mention that against the order of conviction and sentence, appeal of the appellant No. 1 was admitted and only sentence was suspended but not the conviction. The learned Election Tribunal vide its order dated 25.8.2009 held that appellant No. 1 was not eligible to contest election, therefore, his election was set aside and at the same time declared respondent No. 1 to have been elected against the said post as Councilor from Ward No. 12.
(3.)Aggrieved against the impugned order, the present appeal has been preferred by two appellants, namely, Nagar Singh @ Nago and Gurcharan Singh in which, on 12.10.2009, counsel for the appellants restricted his prayer only to the extent that respondent No. 1 could not have been declared elected in view of Section 90 of the Punjab State Election Commission Act, 1994 (for short 'the Act'). On the same date, while issuing notice of motion, this Court had stayed the declaration with respect to respondent No. 1 as elected candidate.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.