Baghel Singh vs State Of Punjab And Others

Fateh Deep Singh, J.

Heard.

Notice of motion to the official respondents.

On the asking of the Court, Mr. Suveer Sheokand, Additional Advocate General, Punjab accepts notice on behalf of the official respondents.

Upon hearing counsel for the two sides and on perusal of the records, the present petition and all the other connected petitions have come about against the orders passed by different competent authorities pertaining to the Panchayat elections in the State of Punjab slated to be held on 30.12.2018. The principal grouse of the petitioners is that they were not given adequate opportunity of hearing while denying them legitimate right to contest the elections. Feeling no need to resort to other grounds spelt out in other petitions, in the light of common question of law and facts involved and having regard to the fact that the elections are under way, it would sub-serve the ends of justice, if the necessary directions are issued to the aggrieved petitioners to make their representations for redressal of their grievances to the respective Deputy Commissioners who will be responsible to forward the fresh representation, if so received from the petitioners to the competent authorities throughout the State of Punjab wherever jurisdiction vests in different petitions to consider the same within a period of 48 hours of receipt of the same by passing speaking detailed order spelling out the reasons for passing of such orders after associating the petitioners or their representatives in these Panchayat Elections. However, it is made clear that in case any of the petitioners are found eligible to contest the elections, the competent authorities will not come in the way after passing of the order to enable them to participate in the same .

It would not be out of place to refer here that there may be similarly placed persons who have their grievances of similar nature and thus keeping in view that instead of filing separate petitions by them for redressal of their grievances, they may approach the competent authorities for redressal of the same rather than approaching this Court. The authorities will act as per these directions in their case as well.

It would be the duty of the State counsel to intimate all the Deputy Commissioners in the State of Punjab about this order and who will be responsible to forward the representations so received from such applicants/petitioners and for passing appropriate orders by the competent authorities.

A copy of this order be also given under the signatures of Bench Secretary to the State counsel for compliance.