Baghel Singh v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : December 24, 2018 1.

Baghel Singh v ersus State of Punjab and others Mr. Ashish Aggarwal, Senior Advocate with Mr. Mukul Aggarwal, Advocate, for the petitioner 2.

Civil Writ Petition No. 40437 of 2018 (O&M) Manreet Kaur vs State of Punjab and others Ms. Puneet Kaur Sekhon, Advocate, for the petitioner 3.

Civil Writ Petition No. 40438 of 2018 (O&M) Gurjant Singh vs State of Punjab and others Mr. Harmanpreet Sehgal, Advocate, for the petitioner 4.

Civil Writ Petition No. 40439 of 2018 (O&M) Kashmir Kaur Gill vs State of Punjab and others Ms. Puneet Kaur Sekhon, Advocate, for the petitioner 5.

Civil Writ Petition No. 40440 of 2018 (O&M) Santo Bai and others vs State of Punjab and others Mr. SK Aneja, Advocate, for the petitioner 6.

Civil Writ Petition No. 40441 of 2018 (O&M) Jatinder Kaur and another vs State of Punjab and others Mr. Vivek K. Thakur, Advocate, for the petitioner

-27.

Civil Writ Petition No. 40442 of 2018 (O&M) Harjinder Singh and others vs State of Punjab and others Mr. Sangram S. Saron, Advocate, for the petitioners 8.

Civil Writ Petition No. 40443 of 2018 (O&M) Manjeet Singh and others vs State of Punjab and others Mr. SS Brar, Advocate, for the petitioners 9.

Civil Writ Petition No. 40444 of 2018 (O&M) Gurdeep Singh vs State Election Commission Punjab and anr. Mr. Vikas Mehsempuri, Advocate, for the petitioner 10.

Civil Writ Petition No. 40447 of 2018 (O&M) Asha Rani and others vs State of Punjab and others Mr. Raj Kumar Arya, Advocate, for the petitioner 11.

Civil Writ Petition No. 40448 of 2018 (O&M) Tehal @ Tahil Singh and others vs State of Punjab and others Mr. KS Brar, Advocate, for the petitioner 12.

Civil Writ Petition No. 40451 of 2018 (O&M) Mamta Rani vs State of Punjab and others Mr. SS Khaira, Advocate, for the petitioner 13.

Civil Writ Petition No. 40454 of 2018 (O&M) Mandeep Kaur and others vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioner

-314.

Civil Writ Petition No. 40455 of 2018 (O&M) Rajinder Singh vs State of Punjab and others Mr. Ramesh Sharma, Advocate, for the petitioner 15.

Civil Writ Petition No. 40456 of 2018 (O&M) Bimla vs State of Punjab and others Mr. Dheeraj Mahajan, Advocate, for the petitioner 16.

Civil Writ Petition No. 40458 of 2018 (O&M) Joginder Kaur and others vs State of Punjab and others Mr. Manjeet Kumar Arya, Advocate, for the petitioners 17.

Civil Writ Petition No. 40460 of 2018 (O&M) Pargat Singh vs State of Punjab and others Mr.Sandeep Arora, Advocate, for the petitioner 18.

Civil Writ Petition No. 40461 of 2018 (O&M) Kulwinder Singh vs State of Punjab and others Mr. TS Manes, Advocate, for the petitioner 19.

Civil Writ Petition No. 40462 of 2018 (O&M) Rashpal Singh and others vs State of Punjab and others Mr. DS Sobti, Advocate, for the petitioner 20.

Civil Writ Petition No. 40464 of 2018 (O&M) Jagroop Singh vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner

-421.

Civil Writ Petition No. 40465 of 2018 (O&M) Ravinder Kumar and anr vs State of Punjab and others Mr. Neeraj Madaan, Advocate, for the petitioners 22.

Civil Writ Petition No. 40466 of 2018 (O&M) Sunita Rani vs State of Punjab and others Mr. Yashjot Singh Dhaliwal, Advocate, for the petitioner 23.

Civil Writ Petition No. 40467 of 2018 (O&M) Prem Masih and others vs State of Punjab and others Mr. Raj Kumar Arya, Advocate, for the petitioners 24.

Civil Writ Petition No. 40469 of 2018 (O&M) Gurdeep Singh vs State of Punjab and others Mr. Pankaj Garg, Advocate, for the petitioner 25.

Civil Writ Petition No. 40471 of 2018 (O&M) Sukhwinder Kaur vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner 26.

Civil Writ Petition No. 40472 of 2018 (O&M) Ranjit Kaur vs State of Punjab and others Mr. Harchand Singh Batth, Advocate, for the petitioner 27.

Civil Writ Petition No. 40473 of 2018 (O&M) Sukhwinder Singh vs State of Punjab and others Mr. Dheeraj Mahajan, Advocate, for the petitioner

-528.

Civil Writ Petition No. 40474 of 2018 (O&M) Satnam Singh and others vs State of Punjab and others Mr. Raj Kumar Garg, Advocate, for the petitioners 29.

Civil Writ Petition No. 40477 of 2018 (O&M) Ranjit Kaur vs State of Punjab and others Ms. Gursharan Kaur Mann, Advocate, for the petitioner 30.

Civil Writ Petition No. 40478 of 2018 (O&M) Anita Devi vs State of Punjab and others Mr. Rajesh Gupta, Advocate, for the petitioner 31.

Civil Writ Petition No. 40479 of 2018 (O&M) Parveen Kaur vs State of Punjab and others Mr. Zubin Chhura, Advocate, for the petitioner 32.

Civil Writ Petition No. 40481 of 2018 (O&M) Jaswinder Singh and another vs State of Punjab and others Ms. G.K. Mann, Advocate, for the petitioners 33.

Civil Writ Petition No. 40482 of 2018 (O&M) Shamsher Singh vs State of Punjab and others Mr. Mukul Aggarwal, Advocate, for the petitioner 34.

Civil Writ Petition No. 40484 of 2018 (O&M) Veena Rani and others vs State of Punjab and others Mr. Karanjeet Singh Brar, Advocate, for the petitioners

-635.

Civil Writ Petition No. 40485 of 2018 (O&M) Latkan Singh vs State of Punjab and others Ms. Satinder Kaur, Advocate, for the petitioner 36.

Civil Writ Petition No. 40486 of 2018 (O&M) Balwinder Singh vs State of Punjab and others Mr. H.S. Batth, Advocate, for the petitioner 37.

Civil Writ Petition No. 40487 of 2018 (O&M) Kulwinder Kaur vs State of Punjab and others Ms. G.K. Mann, Advocate, for the petitioner 38.

Civil Writ Petition No. 40488 of 2018 (O&M) Gurpreet Singh vs State of Punjab and others Mr. Pankaj Garg, Advocate, for the petitioner 39.

Civil Writ Petition No. 40489 of 2018 (O&M) Paramjit Singh vs State of Punjab and others Mr. Parveen Kumar Garg, Advocate, for the petitioner 40.

Civil Writ Petition No. 40490 of 2018 (O&M) Harminder Singh vs State of Punjab and others Mr. Amandeep Saini, Advocate, for the petitioner 41.

Civil Writ Petition No. 40491 of 2018 (O&M) Daljit Singh vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner

-742.

Civil Writ Petition No. 40492 of 2018 (O&M) Nirmal Singh and others vs State of Punjab and others Mr. L.S. Sidhu, Advocate, for the petitioners 43.

Civil Writ Petition No. 40494 of 2018 (O&M) Hira Singh vs State of Punjab and others Mr. Iqbal Singh Saggu, Advocate, for the petitioner 44.

Civil Writ Petition No. 40495 of 2018 (O&M) Sukhjit Kaur and another vs State of Punjab and others Mr. B.S. Guliani, Advocate, for the petitioners 45.

Civil Writ Petition No. 40496 of 2018 (O&M) Gamdoor Singh vs State of Punjab and others Mr. G.S. Khokhar, Advocate, for the petitioner 46.

Civil Writ Petition No. 40497 of 2018 (O&M) Kuldip Kaur and another vs State of Punjab and others Mr. B.S. Guliani, Advocate, for the petitioners 47.

Civil Writ Petition No. 40498 of 2018 (O&M) Harbans Kaur vs State of Punjab and others Mr. A.D.S. Sukhija, Advocate, for the petitioner 48.

Civil Writ Petition No. 40499 of 2018 (O&M) Mahinder Singh vs State of Punjab and others Mr. Parveen Kumar Garg, Advocate, for the petitioner

-849.

Civil Writ Petition No. 40500 of 2018 (O&M) Raj vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioner 50.

Civil Writ Petition No. 40501 of 2018 (O&M) Ravinder Pal Kaur vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioner 51.

Civil Writ Petition No. 40502 of 2018 (O&M) Surinder Kaur vs State of Punjab and others Mr. Karanjeet Singh Brar, Advocate, for the petitioner 52.

Civil Writ Petition No. 40503 of 2018 (O&M) Kaka Singh vs State of Punjab and others Mr. Gazi Mohd. Umair, Advocate, for the petitioner 53.

Civil Writ Petition No. 40506 of 2018 (O&M) Swinder Singh and others vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioners 54.

Civil Writ Petition No. 40507 of 2018 (O&M) Jagbir Kaur and others vs State of Punjab and others Mr. Raj Kumar Garg, Advocate, for the petitioners 55.

Civil Writ Petition No. 40508 of 2018 (O&M) Harpreet Kaur vs State of Punjab and others Mr. Raj Kumar Garg, Advocate, for the petitioner

-956.

Civil Writ Petition No. 40509 of 2018 (O&M) Bhupinder Singh vs State of Punjab and others Ms. G.K. Mann, Advocate, for the petitioner 57.

Civil Writ Petition No. 40510 of 2018 (O&M) Nishan Singh vs State of Punjab and others Mr. L.S. Sidhu, Advocate, for the petitioner 58.

Civil Writ Petition No. 40511 of 2018 (O&M) Joginder Singh and others vs State of Punjab and others Mr. Surjit Singh Swaich, Advocate, for the petitioners 59.

Civil Writ Petition No. 40515 of 2018 (O&M) Navjot Singh and others vs State of Punjab and others Mr. L.S. Sidhu, Advocate, for the petitioners 60.

Civil Writ Petition No. 40516 of 2018 (O&M) Gurmeet Kaur vs State of Punjab and others Mr. H.S. Batth, Advocate, for the petitioner 61.

Civil Writ Petition No. 40518 of 2018 (O&M) Roop Singh and others vs State of Punjab and others Mr. Jimmy Singla, Advocate, for the petitioners 62.

Civil Writ Petition No. 40519 of 2018 (O&M) Jagshir Singh and another vs State of Punjab and others Ms. Arti, Advocate, for the petitioners

-1063.

Civil Writ Petition No. 40521 of 2018 (O&M) Balwinder Kaur and others vs State of Punjab and others Mr. Piyush Sharma, Advocate, for the petitioners 64.

Civil Writ Petition No. 40524 of 2018 (O&M) Paramjit Kaur vs State of Punjab and others Mr. H.S. Batth, Advocate, for the petitioner 65.

Civil Writ Petition No. 40525 of 2018 (O&M) Jagir Kaur and others vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioners 66.

Civil Writ Petition No. 40527 of 2018 (O&M) Harpal Singh and others vs State of Punjab and others Mr. L.S. Sidhu, Advocate, for the petitioners 67.

Civil Writ Petition No. 40528 of 2018 (O&M) Shabnam and others vs State of Punjab and others Mr. Ritesh Pandey, Advocate, for the petitioners 68.

Civil Writ Petition No. 40529 of 2018 (O&M) Harpinder Kaur and another vs State of Punjab and others Mr. Raj Kumar Garg, Advocate, for the petitioners 69.

Civil Writ Petition No. 40530 of 2018 (O&M) Darbar Singh @ Dalbara Singh vs State of Punjab and others Mr. Vishal Satija, Advocate, for the petitioner

-1170.

Civil Writ Petition No. 40531 of 2018 (O&M) Gurmeet Singh and another vs State of Punjab and others Mr. Narinder S. Lucky, Advocate, for the petitioners 71.

Civil Writ Petition No. 40532 of 2018 (O&M) Sukhdev Singh vs State of Punjab and others Mr. S.S. Behl, Advocate, for the petitioner 72.

Civil Writ Petition No. 40533 of 2018 (O&M) Jugraj Singh vs State of Punjab and others Mr. Jasdeep Singh, Advocate, for the petitioner 73.

Civil Writ Petition No. 40534 of 2018 (O&M) Sona Singh and others vs State of Punjab and others Mr. Karanjeet Singh Brar, Advocate, for the petitioners 74.

Civil Writ Petition No. 40535 of 2018 (O&M) Gurjinder Kaur vs State of Punjab and others Mr. MS. Bhullar, Advocate, for the petitioner 75.

Civil Writ Petition No. 40536 of 2018 (O&M) Gurmit Singh and others vs State of Punjab and others Mr. S.K. Aneja, Advocate, for the petitioners 76.

Civil Writ Petition No. 40539 of 2018 (O&M) Khazan Singh and others vs State of Punjab and others Ms. G.K. Mann, Advocate, for the petitioners

-1277.

Civil Writ Petition No. 40542 of 2018 (O&M) Yadwinder Singh vs State of Punjab and others Mr. M.S. Bhullar, Advocate, for the petitioner 78.

Civil Writ Petition No. 40545 of 2018 (O&M) Kultar Singh and others vs State of Punjab and others Mr. Jimmy Singla, Advocate, for the petitioners 79.

Civil Writ Petition No. 40546 of 2018 (O&M) Jaskiran Preet Singh vs State of Punjab and others Mr. M.K. Bhatnagar, Advocate, for the petitioner 80.

Civil Writ Petition No. 40548 of 2018 (O&M) Shivraj Singh vs State of Punjab and others Mr. I.S. Dhaliwal, Advocate, for the petitioner 81.

Civil Writ Petition No. 40549 of 2018 (O&M) Suman Lata vs State of Punjab and others Mr. Vishal Nehra, Advocate, for the petitioner 82.

Civil Writ Petition No. 40420 of 2018 (O&M) Wassan Singh vs State of Punjab and others Mr. Arun Abrol, Advocate, for the petitioner 83.

Civil Writ Petition No. 40422 of 2018 (O&M) Sukhmander Singh vs State of Punjab and others Mr. S.K. Bakolia, Advocate, for the petitioner

-1384.

Civil Writ Petition No. 40430 of 2018 (O&M) Harjit Kaur and another vs State of Punjab and others Mr. M.K. Arya, Advocate, for the petitioners 85.

Civil Writ Petition No. 40459 of 2018 (O&M) Lakhvir Singh vs State of Punjab and others Mr. A.V. Sharma, Advocate, for the petitioner 86.

Civil Writ Petition No. 40551 of 2018 (O&M) Ranjit Kaur vs State of Punjab and others Mr. S.S. Behl, Advocate, for the petitioner 87.

Civil Writ Petition No. 40468 of 2018 (O&M) Manjit Kaur vs State of Punjab and others Mr. K.S. Brar, Advocate, for the petitioner 88.

Civil Writ Petition No. 40480 of 2018 (O&M) Rajinder Kaur vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner 89.

Civil Writ Petition No. 40538 of 2018 (O&M) Hirderam and others vs State of Punjab and others Mr. Ramandeep, Advocate, for the petitioners 90.

Civil Writ Petition No. 40475 of 2018 (O&M) Manjinder Singh vs State of Punjab and others Mr. H.S. Batth, Advocate, for the petitioner

-1491.

Civil Writ Petition No. 40504 of 2018 (O&M) Ravinder Singh vs State of Punjab and others Mr. S.S. Brar, Advocate, for the petitioner 92.

Civil Writ Petition No. 40522 of 2018 (O&M) Nishan Singh vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner 93.

Civil Writ Petition No. 40523 of 2018 (O&M) Avtar Singh and others vs State of Punjab and others Mr. Pankaj Garg, Advocate, for the petitioners 94.

Civil Writ Petition No. 40457 of 2018 (O&M) Seema Rani and others vs State of Punjab and others Mr. R.S. Sekhon, Advocate, for the petitioners 95.

Civil Writ Petition No. 40463 of 2018 (O&M) Rajinder Singh vs State of Punjab and others Mr. H.S. Batth, Advocate, for the petitioner 96.

Civil Writ Petition No. 40540 of 2018 (O&M) Palwinderjit Singh vs The Punjab State Election Comm. & Ors. Mr. S.S. Swaich, Advocate, for the petitioner 97.

Civil Writ Petition No. 40335 of 2018 (O&M) Raghvir Singh vs State of Punjab and others Mr. L.M. Gulati, Advocate, for the petitioner

-1598.

Civil Writ Petition No. 40410 of 2018 (O&M) Poonamjit Kaur vs State of Punjab and others Mr. Neeraj Madaan, Advocate, for the petitioner 99.

Civil Writ Petition No. 40411 of 2018 (O&M) Sima Rani and others vs State of Punjab and others Mr. Sanjeev Patiyal, Advocate, for the petitioners 100.

Civil Writ Petition No. 40412 of 2018 (O&M) Inderjit Singh vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner 101.

Civil Writ Petition No. 40413 of 2018 (O&M) Harbans Singh and another vs State of Punjab and others Mr. M.S. Bajwa, Advocate, for the petitioners 102.

Civil Writ Petition No. 40414 of 2018 (O&M) Mukhtiar Kaur and another vs State of Punjab and others Mr. P.K.S. Phoolka, Advocate, for the petitioners 103.

Civil Writ Petition No. 40416 of 2018 (O&M) Balwant Singh vs State of Punjab and others Mr. M.S. Bajwa, Advocate, for the petitioner 104.

Civil Writ Petition No. 40417 of 2018 (O&M) Gursharanjeet Singh vs State of Punjab and others Mr. S.S. Rangi, Advocate, for the petitioner

-16105.

Civil Writ Petition No. 40418 of 2018 (O&M) Gurwinder Singh and another vs State of Punjab and others Mr. P.K.S. Phoolka, Advocate, for the petitioner 106.

Civil Writ Petition No. 40419 of 2018 (O&M) Paramjit Kaur vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner 107.

Civil Writ Petition No. 40423 of 2018 (O&M) Sukhvir Singh vs State Election Commission, Punjab & Ors. Mr. Vikas Mehsempuri, Advocate, for the petitioner 108.

Civil Writ Petition No. 40424 of 2018 (O&M) Bhupinder Kaur vs State Election Commission, Punjab & Ors. Mr. Kamal Grover, Advocate, for the petitioner 109.

Civil Writ Petition No. 40425 of 2018 (O&M) Jagdeep Singh vs State Election Commission, Punjab & Ors. Mr. Vikas Mehsempuri, Advocate, for the petitioner 110.

Civil Writ Petition No. 40426 of 2018 (O&M) Jasvir Singh vs State Election Commission, Punjab & Ors. Mr. Vikas Mehsempuri, Advocate, for the petitioner 111.

Civil Writ Petition No. 40427 of 2018 (O&M) Simarjit Kaur vs State of Punjab and others Mr. Sandeep Arora, Advocate, for the petitioner

-17112.

Civil Writ Petition No. 40428 of 2018 (O&M) Sohalpreet Kaur and others vs State of Punjab and others Mr. Mahir Sood, Advocate, for the petitioners 113.

Civil Writ Petition No. 40429 of 2018 (O&M) Gurdayal Kaur and another vs State of Punjab and others Mr. P.K.S. Phoolka, Advocate, for the petitioners 114.

Civil Writ Petition No. 40431 of 2018 (O&M) Wasava Singh vs Punjab State Election Commissioner & Ors. Mr. B.S. Sidhu, Advocate, for the petitioner 115.

Civil Writ Petition No. 40433 of 2018 (O&M) Trevinder Sharma and another vs State of Punjab and others Mr. S.S. Rangi, Advocate, for the petitioners 116.

Civil Writ Petition No. 40434 of 2018 (O&M) Gaganpreet Kaur vs State of Punjab and others Mr. Navjeet Singh, Advocate, for the petitioner 117.

Civil Writ Petition No. 40435 of 2018 (O&M) Joginder Singh vs State of Punjab and others Mr. Gursimran Singh Jossan, Advocate, for the petitioner Coram:

Hon'ble Mr. Justice Fateh Deep Singh Hon'ble Mr. Justice Harsimran Singh Sethi Fateh Deep Singh, J. (Oral) Heard.

Notice of motion to the official respondents.

-18On 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.

-19enable 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. ( Fateh Deep Singh ) Judge ( Harsimran Singh Sethi ) December 24, 2018 Judge 'amitrana/naresh k'

Whether speaking/reasoned ?

Yes Whether Reportable ?

Yes