Punjab & Haryana HC Transfers Pleas Challenging Sarpanch's Election Amid Allegations Of Bias Against Election Tribunal's Presiding Officer

The Punjab and Haryana High Court has transferred petitions challenging result of Gram Panchayat polls pending before one sub divisional magistrate (SDM)–who was the presiding officer of the concerned election tribunal, to another SDM in the district after noting that the official had acted as Election Officer at one point of time. 

The court passed the order in a batch of petitions including one by Baldev Singh seeking transfer of his Election Petition before the Election Tribunal, Gidderbaha, District Sri Muktsar Sahib to any other prescribed authority/ Authorized Officer of some other District. It however noted that though allegations made by the petitioners against the concerned presiding officer were "unfounded" however it permitted the transfer with the intention to maintain the petitioners' faith in the administrative system. 

Justice Kuldeep Tiwari in his order said, "Although the petitioner(s) have made unfounded allegations against the Presiding Officer of the present Election Tribunal, however, considering the fact that, at one point of time, the said Presiding Officer acted as the Election Officer, therefore, with the consent of the learned State counsel and with an intent to maintain the faith of the petitioner(s) in the administrative system, this Court deems it appropriate to transfer the apposite election petition(s) from the present Election Tribunal presided over by the S.D.M., Gidderbaha, District Shri Muktsar Sahib, to the Election Tribunal presided over by the S.D.M., Malout, District Shri Muktsar Sahib". 

Disposing of the batch, the court directed SDM Gidderbaha, District Shri Muktsar Sahib to "forthwith transfer" all the apposite election petition/s, which are pending adjudication before the officer to SDM Malout, District Shri Muktsar Sahib, whereupon, the latter shall decide the same in accordance with law, after giving an opportunity of hearing to all concerned.

Singh's plea states he had filed nomination papers for election to the office of Sarpanch of village Kothe Himatpura, Block Gidderbaha, Tehsil Gidderbaha in District Sri Muktsar sahib, which was found correct and accepted by the returning officer.

In terms of notification of September 19, 2024 general election of members of Gram Panchayats were notified to be held by October 15, 2024. Subsequently, in terms of notification dated September 27, 2024 issued by the State Election Commission, programme for the said elections was notified.

The plea submits that the petitioner was allocated a symbol and as per Rule 12 of the Punjab Panchayat Election Rules, 1994 allocation of symbols made to validly nominated candidates only after the time fixed for withdrawal of nomination papers has expired. Thereafter on October 8, 2024 in zone No. 3 of Block Gidderbaha, District Sri Muktsar Sahib, Respondent No. 2 was officially declared the "unopposed winner" for the post of Sarpanch of Village Kothe Himatpura in the Gram Panchayat elections.

The plea alleges that the nomination papers of the Petitioner were rejected on the ground of withdrawal, despite the fact that the nomination papers were found to be correct and were accepted by the returning officer. 

"At this stage, it is pertinent to highlight the aspect that the Petitioner never withdrew his nomination papers, and his nomination papers were rejected as withdrawn as part of a conspiracy and collusion at the behest of several influential people, including the Respondent No. 5 (Electoral Officer cum Sub Divisional Magistrate (SDM) Gidderbaha) in order to ensure Respondent No. 2 was elected as the Sarpanch," the plea states. 

The petitioner approached the high court last year seeking a direction to the officials to consider the nomination form of the petitioner for contesting the elections of Sarpanch; this was disposed of with a direction to seek appropriate remedy by filing an Election Petition before the Election Tribunal.

The petitioner then filed an election petition in November 2024 seeking that the election of respondent no. 2 as Sarpanch be declared illegal and against the provisions of Punjab State Election commission Act and Rules 1994. The plea claims that the petitioner had sought before the election tribunal that respondent no. 2's uncontested election be set aside on the ground that the returning officer, assistant returning officer had played unfair role during election process to favour Respondent No. 2, alleging that they had also "prepared a forged document for withdrawal of nomination of the Petitioner before declaring the result and that no chance of hearing was given to the petitioner".

However, the plea claims, the Election Tribunal comprises of the Respondent No. 5–Sub-Divisional Magistrate cum Electoral Officer (Gidderbaha), against whom allegations have been levelled by the Petitioner in the Election Petition, that the returning and assistant returning officer were acting at the former's behest. Hence, Respondent No. 5 being an interested party might not act in an impartial manner, resulting in an unfair trial for the Petitioner, the plea states. 

Case title: BALDEV SINGH  V/S STATE OF PUNJAB AND OTHERS and batch

Counsel for petitioner(s): Advocates Aadil Singh Boparai, Gurlabh S. Bhaika Sidhu, Rehatbir Singh Mann and Pradeep Singh

Counsel for State of Punjab: DAG Pardeep Bajaj

Counsel for R2: AdvocatesSangram Singh Saron and Anisha Batra

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