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2015 Supreme(P&H) 1510

HEMANT GUPTA, AJAY TEWARI, RAJ RAHUL GARG
Prem Chand – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioners:Mr. Ranjivan Singh, Advocate.
For the Respondents No.1 to 4: Mr. Vinod S. Bhardwaj, Additional A.G. Punjab.
For the Respondent No.5:Mr. Mukesh Berry, Advocate.
For the Respondent:Mr. S.P. Jain, Senior Advocate with Mr. Dheeraj Jain, Advocate as Amicus Curiae.

JUDGMENT

Mr. Hemant Gupta, J.:- The matter has been placed before this Bench in pursuance of an order passed made by this Court on 21.05.2015 wherein the Bench expressed reservation with the view of Division Bench in Shimla Rani v. State of Punjab, 2008(3) RCR (Civil) 138 wherein, it was held that the remedy of the election petition is not available to an aggrieved person in respect of elections to the post of office bearers of a Municipality/Panchayat.

2. The petitioners are the elected Councillors of Municipal Corporation, Moga in an election conducted on 22.02.2015. The grievance of the petitioners is in respect of election to the office bearers of the Municipal Corporation such as to the post of Mayor, Senior Deputy Mayor and Deputy Mayor held on 09.03.2015. The grievance of the petitioners is that the election was not conducted in a fair manner when Mr. Akshit Jain was elected as Mayor, Mr. Anil Bansal as Senior Deputy Mayor and Mr. Jarnail Singh as Deputy Mayor. It was alleged that election has been conducted under the pressure of the ruling party and sitting MLA of the area.

3. The challenge of the petitioners to the post of office bearers was also on the ground that election






























































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