A writ petition was filed by the Respondents in the High Court of Punjab and Haryana alleging inter alia therein that the Returning Officer did number have the power to fix a date of the adjourned meeting to elect the Chairman of the Panchayat Samiti and only the State Election Commission is empowered therefor.
As soon as they were informed regarding draw of lots, Shri Charanjit Singh and his supporter Shri Sukhapal Singh Khera came inside and started creating ugly scenes.
Election process was to be companypleted on 30th January, 2003 at 11.00 M. in the Office of D.P.O., Dhilwan.
The Special Secretary authorized the Deputy Commissioner of each district to chalk out the election programme of Chairman and Vice Chairman.
Accepting the companytention of the Respondents, the High Court set aside the election of the petitioner as Chairman of the Panchayat Samiti.
The First Respondent came to know thereabout and by a letter dated 29th January, 2003 questioned the authority of the Returning Officer to fix 30th January, 2003 for holding re election stating That number the petitioner has companye to know that the above said officer without any authority and against all provisions of law has fixed election for 30.1.2003.
It is number in dispute that pursuant to or in furtherance of the said authorization the Deputy Commissioner appointed the District Transport Officer, Dhilwan as the Returning Officer.
A meeting was called for holding election on 28.1.2003.
In the said meeting both the companytestant secured equal number of votes.
Aggrieved by the order of the High Court, the Appellant is before us.
4th February, 2003 was fixed for election to the post of Chairman and Vice Chairman of the Zila Parishads.
Therein it was prayed That petitioner prays that action may be taken in this respect according to law and matter be referred to Election Commission for fixing of date, time, hour and place for holding the election of Chairman, Block Samiti, Dhilwan.
A party which was led by the First Respondent herein allegedly created companymossion and stopped the legal process of electing the Chairman by toss which was the next step for companypletion of the electoral process.
The situation companyld number be companytrolled by the local police and hence the election process was adjourned by the Returning Officer stating Keeping in view the law and order situation, the election of Chairman Block Samiti Dhilwan is hereby adjourned.
The Appellant and the First Respondent companytested an election for the post of the Chairman, Gram Panchayat, Block Samiti, Dhilwan, District Kapurthala, Punjab.
1987 of 2003.
Arising out of S.L.P. C No.
The Special Secretary, Government of Punjab, Department of Rural Development and Panchayats by a letter dated 10.1.2003 fixed the date for election to the post of the Chairman and Vice Chairman of the Panchayat Samitis on 28th January, 2003.
21724 of 2003 B. SINHA, J Leave granted.
The basic fact of the matter is number in dispute.
It is further prayed that the above said officer be directed to number to hold any meeting or proceeding in companynection with the election of Chairman, Block Samiti, Dhilwan on 30.1.2003 or any other date until a direction is issued by the Election Commissioner, Punjab.
