Rakesh Kumar Jain, J, (Oral).:- This appeal is directed against the order passed by Deputy Commissioner-cum Presiding Officer, Election Tribunal, Gurdaspur, dated 9.9.2009, whereby an election petition filed under Sections 76 & 89 of the Punjab State Election Commission Act, 1994 (for short, the Act), challenging the election of Balbir Singh, has been dismissed.

2. Brief facts of the case are that election to constitute Gram Panchayat, Jagowal Bet, District Gurdaspur, was held on 26.5.2008, in which 7 members from various categories were elected. In order to elect Sarpanch of the said village, a meeting was convened by the Returning Officer on 17.7.2008. The said meeting failed as the Presiding Officer did not come. Next meeting was scheduled for 19.7.2008 at 2.30.p.m and for that purpose, separate notices were issued by the Returning Officer on prescribed form. That meeting was attended by respondent Nos 2 to 4 in which respondent No.2 was declared to have been elected in terms of Rule 45-A of the Punjab Panchayat Election Rules, 1994 (for short, the Rules).

3. The appellant then filed a C.W.P.No.13111 of 2008 in this Court, seeking a writ in the nature of mandamus direct