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2019 DAILYLAW 4184 (PNJ)

JEET KAUR v. ELECTION TRIBUNAL CUM SUB DIVISIONAL MAGISTRATE MANSA AND ORS

FAO/5508/2019 · 2026-08-26

Harkesh Manuja

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Judgment text

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139 IN THE HIGH COURT OF PUNJAB AND HARYANA Jeet Kaur Election Tribunal Mansa and others CORAM: Present:- HARKESH MANUJA, J. CM-18482 application appeal. allowed subject to all just exceptions. The delay of 32 days in re the appeal is condoned. MAIN CASE decision dated IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. Date of Decision: Versus Election Tribunal-cum-Sub Divisional Magistrate, Mansa and others CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Suman Agnihotri, Advocate for Mr. Pardeep Singh Mirpur, Advocate for the appellant. Mr. Gunjan Mehta, Additional Advocate General, Punjab for respondent No. 1. Mr. Davinder Singh, Advocate for respondent No. 3. **** HARKESH MANUJA, J. (ORAL) 18482-CII-2019 Upon notice, no reply has been filed in the present application seeking condonation of delay of 32 days in re For the reasons stated in the application, the same is subject to all just exceptions. The delay of 32 days in re the appeal is condoned. MAIN CASE By way of present appeal, challenge has been laid to decision dated 01.04.2019 passed by the learned Presiding Officer, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH No. 5508 of 2019 (O&M) Date of Decision: 26.08.2026 ...Appellant Sub Divisional Magistrate, ...Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Suman Agnihotri, Advocate for Advocate Gunjan Mehta, Additional Advocate General, Punjab Mr. Davinder Singh, Advocate Upon notice, no reply has been filed in the present seeking condonation of delay of 32 days in re-filing the For the reasons stated in the application, the same is subject to all just exceptions. The delay of 32 days in re-filing l, challenge has been laid to the passed by the learned Presiding Officer, DINESH KUMAR 2026.08.27 17:10 I attest to the accuracy and integrity of this document FAO No. 5508 of 2019 (O&M) -2- Election Tribunal-cum-Sub Divisional Magistrate, Mansa, whereby the election petition preferred at the instance of appellant, assailing the election of respondent No. 2-Sarabjeet Kaur as Sarapanch of Village Gram Panchayat Chotian, Tehsil Sardulgarh, District Mansa, was dismissed. [2] Admittedly, in the present case, the election was held on 30.12.2018 and the term of the elected Sarpanch has already expired. Consequently, no cause survives for consideration in the present appeal. [3] It may, however, be noticed here that the principal issue raised on behalf of the appellant was that respondent No. 2 was not a voter of Village Chotian and, therefore, was not eligble to contest the election for the post of Sarpanch. At this stage, the said issue is merely of academic relevance. However, in the event respondent No. 2 seeks to contest any election in future, her eligibility / entitlement shall be considered and determined by the concerned Returning Officer and the State Election Authorities in accordance with the applicable provisions, rules and regulations and as per law. [4] The appeal is, accordingly, disposed of. [5] Pending miscellaneous application(s) shall also stand(s) disposed of. August 26, 2026 ( HARKESH MANUJA ) ‘dk kamra’ JUDGE Whether Speaking / Reasoned : Yes No Whether Reportable : Yes No DINESH KUMAR 2026.08.27 17:10 I attest to the accuracy and integrity of this document