The State Election Commission lacks jurisdiction to cancel elections during the process, which must be resolved through election petitions before the Election Tribunal.

JUDGMENT :

(Sureshwar Thakur, J.)

Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari, thus for setting aside the impugned order dated 11.10.2024, whereby the election(s) for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur, has been cancelled, by respondent No.2, inter alia on the ground that the same is illegal, arbitrary and against the principles of natural justice. The petitioner further seeks a mandamus, thus directing the official respondents to hold the elections only for the post of Panches.

Factual Background

2. Petitioner filed nomination paper for the post of Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur of Gram Panchayat elections. Respondents No.4 to 10 also filed nomination papers respectively for the post of Panches and Sarpanch.

3. The present petition pertains to the election for the post of Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur. Scrutiny of the nomination papers was completed on 04.10.2024. After scrutinizing the nomination papers of the candidates, respondent No.3, pasted the list of candidates whose nominations were rejected. In the said list, the nomination(s) of respondents No.6 to 8 for the post of Sarpanch became rejected, besides the nomination(s) of respondents No.4, 5, 9 and 10 for the post of Panch became also rejected. The apposite reasons of rejections (supra) became mentioned against their names.

4. Respondents No.4 to 10 on 07.10.2024, thus approached respondent No.2 against the rejection of their nominations, on the ground that their nominations have been rejected, thus on malicious ground(s). Subsequently, on 11.10.2024 respondent No.2 passed the impugned order wherebys the election(s) for the posts of Panches and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur, which was scheduled to be held on 15.10.2024, thus became cancelled.

5. The epicenter of the dispute which has emerged amongst the contesting litigants, relates to the purported unwarranted rejection of the nomination papers of respondent Nos.6 to 8 by the Returning Officer, wherebys the present petitioner after being the sole candidate left in the fray, thus became purportedly required to become declared elected as unopposed by the Returning Officer concerned.

6. For resolving the said controversy, this Court extracts the provisions as embodied in Section 89 of the Punjab State Election Commission Act, 1994, (hereinafter referred to as ‘the Act of 1994’).

“89. Grounds for declaring election to be void.--

(1) Subject to the provisions of subsection (2), if the Election Tribunal is of the opinion,—

(a) that on the date of his election, a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under the Constitution of India or under this Act; or

(b) that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or

(c) that any nomination has been improperly rejected: or

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected,--

(i) by the improper acceptance of any nomination; or

(ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent: or

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or

(iv) by any non-compliance with the provisions of the Constitution of India or of this Act or of any rules or orders made under this Act; the Election Tribunal shall declare the election of the returned candidate to be void.

(2) If in the opinion of the Election Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Election Tribunal is satisfied,—

(a) that no such corrupt practice was committed at the election by th