The main legal point established in the judgment is that there is no provision for condonation of delay in filing an election petition under Section 76 of the Punjab State Election Commission Act, 1994, and the enrollment in two electoral rolls simultaneously does not disqualify a candidate from contesting the election.

Nirmaljit Kaur, J.

1. This is an appeal against the order dated 31.08.2009 passed by the Election Tribunal (Deputy Commissioner) Barnala, vide which the election of the appellant as Panch-Sar-panch of Village Mehal Khurd has been cancelled.

2. The brief facts of the case are that election constituting of Gram Panchayat of Village Mehal Khurd comprising of I 1 Panches, was held on 26.05.2008,. Appellant, respondent and Performa respondents contested the election and were the candidates for the scat of Panches. They were declared and elected as Panches of aforesaid Grain Panchayat without any objection from any side in any manner at any time before any authority. Later on, the appellant and respondent No. 2 Baldeep Singh contested the election for Sarpanch and ultimately appellant was declared elected Sarpanch having majority of Panches with him. Further, respondent No. 1 without filing an election petition before the learned Election Tribunal, filed Civil Writ Petition No. 11319 of 2008 before the High Court. The same was disposed of with direction to represent to the Deputy Commissioner Barnala for decision. Ultimately, the Deputy Commissioner, Barnala dismissed the application vide order dated 10.04.2008, with direction to respondent No. 1 to file election petition before Flection Tribunal and the case was dismissed but respondent No. 2 instead of filing election petition, again filed CWP No. 17139 of 2008 before Honble Court and ultimately the said writ petition was dismissed as withdrawn on 26.09.2008 with liberty to file election petition in accordance with law. Subsequently, respondent No. 1 filed a time barred election petition before the election Tribunal Barnala. The same was allowed and the election of the appellant was set aside vide impugned order dated 31.08.1998 only on the ground that "the appellant is not competent to contest the election for Panch because he is not the resident of village Mehal Khurd as his name appears in the Election list of Village Haibowal Ludhiana."

3. While challenging the aforesaid impugned order, the learned counsel for the appellant raised the following argument :-

i) The Election Tribunal has wrongly held that election petition is within limitation, whereas, the prescribed period under Section 76 of the Punjab State Election Commission Act, 1994 (in short the 1994 Act) is 45 days from the date of election. In the case in hand, the election of the said Gram Panchayat was held on 26.05.2008 and the result was declared on that very day. Subsequently, the appellant and respondent No.2-Baldeep Singh, contested for the post of Sarpanch. wherein the appellant scored 5 votes and respondent No. 2 scored 4 votes of Panches. As such, the appellant was declared as Sarpanch on 17.07.2008. Thus, election petition could be filed only within the period of 45 days from the date of election of Panches. But in the present case, the election petition was filed on 11.11.2008 and thus, the same is barred by limitation and is not maintainable. This issue was specifically raised and pressed before the Election Tribunal but Election Tribunal disregarded the said legal objection regarding limitation as well as mandatory provision of Section 76 of the 1994 Act.

ii) The Election Tribunal has wrongly come to the conclusion that the appellant is disqualified to contest election because his name appears in the electoral list of Village Hai-bowal. Ludhiana. The observation of the learned 1Tribunal is totality wrong, unlawful, illegal, perverse because having votes at two different places are not at all a disqualification for the purpose of election of member Panchayat in view of Section 11 of the 1994 Act and under Section 208 of Punjab Panchayati Raj Act, 1994 as well as under Article 243(f) of the Constitution of India.

4. Learned counsel for the respondents, on the other hand, submitted that the election petition of the respondents was within limitation as the High Court vide order dated 26.09.2008 passed