J.S. Narang, J. - (1.)Election to the post of Sarpanch of Gram Panchayat Baraichan, Block and Tehsil Amloh District Fatehgarh Sahib, was held on June 21, 1998. The appellant -respondent No.1 Shri Harmel Singh was declared elected by securing 285 votes. He had won by a margin of eight votes.
(2.)Petition under Sec. 74 and 76 of the Punjab State Election Commission Act, 1994, had been filed before the Election Tribunal, Fatehgarh Sahib. The election has been challenged on the ground that the nomination paper of appellant -respondent No. 1 had been incorrectly accepted despite the objection raised to the extent that he had not filed receipt of "CHUHLA TAX" and had also unauthorisedly occupied Sare -aam Rasta. Despite these objections, the nomination paper of appellant -respondent No. 1 had been accepted by the Returning Officer. It has also been alleged that the appellant -respondent No.1 incurred disqualification as he had entered into a compromise in respect of FIR No.24 dated 5.7.95 relating to offences under Ss. 326/324/323/34 IPC. The compromise was effected on June 17, 1998 and as a result thereof obtained 25 votes of the family of Jarnail Singh and Jagtar Singh. Such act falls within the mischief of the grounds for challenging the election.
(3.)The petition was contested by the appellant -respondent No.l. Upon the pleadings of the parties issues were framed. Oral as well as documentary evidence had been brought on record.