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1996 Supreme(SC) 456

K.RAMASWAMY, G.B.PATTANAIK
Surinder Kaur – Appellant
Versus
State Of Punjab – Respondent


ORDER

Leave granted.

Heard the counsel.

This appeal by special leave arises from the Order of the Punjab and Haryana High Court dated September 13, 1993 made in Writ Petition No. 836/93. The appellant, admittedly, was a Sarpanch for 15 years of the Gram Panchayat village Dialgarh, District Gurdaspur. It is her case that the poll to the office of Sarpanch was to be held on January 18, 1993 and nomination paper was to be filed by January 17, 1993. She had obtained all the no objection certificates and other certificates on January 15, 1993. On January 17, 1993 she went at 12 noon to submit her nomination papers. Her husband was wrongfully detained by the police. It is her case that the 7th respondent, Tara Singh had forcibly snatched the nomination papers and torn them off. In spite of her complaint to the police, they did not pay any heed to her protest nor acted on her complaint. Consequently, she was constrained to complain at about 4.30 p.m. to the Sub-Divisional Magistrate present in the gypsy vehicle. There was an entry in the log book in that behalf. But no action had come through. Since the election was to take place on January 18, 1993, she had approached the High





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