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 applica