Gurbhag Singh vs Election Tribunal and Others

Hemant Gupta, J.—The petitioner has sought transfer of the Election Petition filed in terms of the Punjab State Election Commission Act, 1994 titled as ''Jagroop Singh v. Gurbhag Singh etc.'' from the Court of the Election Tribunal-Cum-Additional Deputy Commissioner, Mansa, to some other Election Tribunal in the State of Punjab.

It has been pointed out that there is no provision in the Punjab State Election Commission Act, 1994 for transfer of the election petition from one Tribunal to another Tribunal, but keeping in view the fact that such Tribunal is subordinate to this Court under Article 227 of the Constitution, the petitioner has invoked the jurisdiction of this Court. The petitioner has sought transfer on the ground that the witnesses of the petitioner are not being examined and that the Presiding Officer has demanded illegal gratification from the petitioner. Though the Presiding Officer has denied such allegations by way filing the reply, but keeping in view the larger interest of justice and to provide fair opportunity to the petitioner to contest the election petition, it would be in the interest of justice if the Election Petition titled as ''Jagroop Singh v. Gurbhag Singh etc'' is transferred to Election Tribunal-cum-Additional Deputy Commissioner, Bathinda.

In view of the above, the Election Petition titled as ''Jagroop Singh v. Gurbhag Singh etc.'' is transferred to Election Tribunal-cum-Additional Deputy Commissioner, Bathinda.

Parties through their Counsel are directed to appear before the Election Tribunal-Cum-Additional Deputy Commissioner, Bathinda on 3.4.2006. The learned Tribunal shall conclude the proceedings expeditiously, preferably within a period of six months from the aforesaid date i.e. 3.4.2006.

The revision petition is allowed in the above terms.