Amrik Singh vs Punjab State Election Commission and Others

Satish Kumar Mittal, J.—This petition shall dispose of all the four above mentioned writ petitions since common questions of facts and law are involved in these petitions. With the consent of the parties, facts are being taken from C.W.P.No. 11378 of 2008.

Petitioner, who is resident of Village Nurmahal, Tehsil Phillaur, District Jalandhar, has filed this petition under Article 226 of the Constitution of India for quashing order dated 19.6.2008 (Annexure P-2) passed by the Sub Divisional Magistrate-cum-Re-turning Officer Nagar Council Phillaur and Nurmahal, Phillaur, District Jalandhar, whereby the nomination papers of the petitioner along with four others filed for that constituency for contesting the election from ward No. 3, which is reserved for Backward Class category, has been rejected on the ground that the Backward Class certificates filed by the petitioner and other members along with their nomination papers were not issued by the competent authority.

In the written statement filed on behalf of respondents No. 1 to 3, it has been stated as per letter No. 1/41/93-BC/i/1597 of the Government of Punjab, Department of Welfare, Reservation Cell dated 17.8.2005, the Scheduled Caste or Backward Class Certificates are to be issued only by the Deputy Commissioner, Additional Deputy Commissioner, Sub Divisional Magistrate and Tehsildars. As per letter SEC-MP-SAM-2008/9801/20, dated 12.6.2008 issued by the Election Commission of Punjab, a copy of which has been annexed with the written statement as Annexure R-2, a Revenue Officer below the rank of Tehsildar is not competent to issue Scheduled Caste or Backward Class Certificates.

In view of the said stand taken by the respondents in the written statement, we are of the opinion that the Backward Certificate annexed by the petitioner and the other persons with their nomination papers issued by Naib Tehsildar were not in accordance with the instructions issued by the respondent-State as the Naib Tehsildar was not competent to issue such Certificate, therefore, Returning Officer was fully justified in rejecting the nomination papers of the petitioners and other persons. Since the nomination papers of all the members of ward No. 3 were rejected and the election could not be held, therefore, we direct respondent No. 1 Punjab State Election Commission to conduct the election of ward No. 3 in accordance with law within a period of two months from today. However, it will be open for the petitioner and other persons, whose nomination papers have been rejected, to obtain the Caste Certificate from the competent authority as per the aforesaid instructions and then contest the election in accordance with law. Disposed of in the aforesaid terms.

Sd/- Jaswant Singh, J.