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FAO-4823-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-4823-2025 (O&M)

Date of decision : 22.12.2025

Onkar Singh ...... Appellant

Versus

Jaspreet & ors. ..... Respondents

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

***

Present :- Mr. K.B.S.Mann, Advocate

for the appellant.

Mr. Randhir S.Mangat, Advocate

for respondent No.1.

Mr. H.P.S.Ishar, Addl. A.G., Punjab.

***

PANKAJ JAIN, J. (ORAL)

1 It is matter of record that the election petition has been decided

without following the procedure. This Court had an occasion to deal with the

similar issue in Gagandeep Singh & ors., Vs. SDM-cum-Election Tribunal

Sri Muktsar Sahib & ors., passed in FAO No.1809 of 2025 decided on

01.10.2025 wherein it was observed as under :-

“ 9. Section 210 of The Punjab Panchayati Raj Act, 1994 deals with

Panchayat elections. As per the provision, the power to conduct elections

vests in State Election Commission. As per Punjab Panchayat Election

Rules, 1994, election petition concerning Panchayat elections needs to be

filed under Section 76 of the Punjab State Election Commission Act, 1994.

Section 78 of the 1994 Act deals with contents of petition. Section 79

provides for relief that may be claimed by the petitioner. Section 87 deals

with the decision of the Election Tribunal. Section 88 deals with other orders

to be made by the Election Tribunal. Section 89 deals with grounds for

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integrity of this document

FAO-4823-2025 (O&M)

declaring election to be void. Section 90 deals with the grounds for which

the candidate other than the returned candidate may be declared to have

been elected. The provisions read as:-

The Punjab Panchayati Raj Act, 1994

“210. Election Commission to conduct Panchayat election.--

The superintendence, direction and control of the preparation of

electoral rolls for and conduct of, all elections to the Panchayats,

shall be vested in the Election Commission.

The Punjab State Election Commission Act , 1994 :-

76. Presentation of petition.- (1) An election petition may be

presented on one or more of the grounds specified in subsection

(1) of section 89 to the Election Tribunal by any candidate to such

election or by any elector within a period of forty five days from

the date of election of the returned candidate or if there are more

than one returned candidates at the election and there are

different dates of their election, then the later of these dates shall

be taken into account for this purpose.

(2) Every election petition shall be accompanied by as many

copies thereof, as there are respondents mentioned in the petition

and every such copy shall be attested by the petitioner under his

own signatures to be a true copy of the petition.

78. Contents of petition.-- (1) As election petition shall,-

(a) contain a concise statement of the material facts on which the

petitioner relies;

(b) set forth full particulars of any corrupt practice that the

petitioner alleges, including a statement as possible, of the names

of the parties alleged to have committed such corrupt practice or

practices and the date and place of the commission of such

practice; and

(c) be signed by the petitioner and verified in the manner laid

down in the Code of Civil Procedure, 1908, (Central Act 5 of

1908) for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice,

the petition shall be accompanied by an affidavit in the prescribed

form in support of the allegation of such corrupt practice and the

relevant particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed

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integrity of this document

FAO-4823-2025 (O&M)

by the petitioner and verified in the same manner as the petition.

79. Relief that may be claimed by the petitioner—A petitioner

may, in addition to claiming a declaration that the election of all

or any of the returned candidates is void, claim further

declaration that he himself or