Punjab & Haryana HC Finds 'Fabricated' Document On Voting Details Attached In Plea Challenging Election Tribunal's Order, Directs Enquiry

Taking strong exception to the attachment of a fabricated RTI document pertaining to the voting details of Punjab's Sarpanch Election by the elected candidate, the Punjab & Haryana High Court has directed an inquiry by the Deputy Commissioner of the district.

After comparing the document with original copy, the Court noted that, "it is apparent that in the face of the original produced by the State counsel, it is beyond logic as to how and why the petitioner has annexed with the writ petition...containing the signatures of Presiding Officer and without the signatures of the petitioner thereon."

Justice Sudhir Singh and Justice H.S. Grewal said, "This Court has taken a serious note of the conduct of the proceedings in filing the present writ petition with document Annexure P-9, which is apparently different from the original document produced by the State counsel. Thus, we are of the opinion that before proceeding further, the genuineness of document Annexure P-9 is required to be ascertained."

The development came while hearing plea seeking quashing of the order passed by the Election Tribunal of Punjab's District Patiala, ordering the recounting of votes polled for the post of Sarpanch of Village Asmanpur, Tehsil Samana, Patiala.

On March 7 2025, when the petition came up for hearing it was pointed out by the counsel for respondent, a candidate in the Sapanch election that Annexure P-9 which is the report of the Returning officer pertaining to the election results (copy of Form-IX annexed with the writ petition) is a "false and fabricated document."

While adjourning the case to March 10, the State counsel was also tdirected to file affidavit along with the original document of aforesaid Form-IX on the date fixed.

In the present proceeding, the State counsel produced the original of the alleged forged document.

The Court compared the documents and difference in the original copy and the one attached with plea.

Consequently, the Court directed the Deputy Commissioner, Patiala to hold an inquiry in respect of the conduct of the petitioner, who has not only filed the writ petition containing document Annexure P-9, but has also sworn an affidavit in respect of the correctness of its contents and the documents annexed therewith.

"The Deputy Commissioner shall also enquire as to under what circumstances, the signatures of the Presiding Officer, are available on the document Annexure P-9 annexed with the writ petition, whereas, the same are not available in the original record produced by the State counsel," the bench added.

The Court directed the Deputy Commissioner to submit the enquiry report within a period of four weeks, "so as to enable this Court to take appropriate action against the guilty person"

The matter is listed for April 21, for further consideration.

Mr. Ramandeep, Advocate for petitioner.

Mr. Kuljit Singh, Addl.A.G., Punjab.

Mr. D.S. Virk, Advocate for respondent No.2.

Mr. G.S. Dhindsa, Advocate, for respondent No.3.

Title: GURJANT SINGH v. S.D.M.-CUM-ELECTION TRIBUNAL & ORS.

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