RAJBIR SINGH Vs. L D GUPTA

JUDGEMENT

(1.) This order will dispose of C.M. (M) No. 92 of 1985 and C.M. (M) No. 201 of 1985, which have been filed by Rajbir Singh and Mange Ram respectively under Article 227 of the Constitution of India.

(2.) Petitioner. Rajbir Singh and respondent No. 2 Mange Ram were two candidates out of the seven at the election for the office of Pardhan of Gaon Sabha Bharthal of village Bharthal. Petitioner, Rajbir Singh was declared elected having secured 384 votes as against 383 polled in favour of Manga Ram, respondent No. 2.

(3.) Mange Ram filed an Election Petition under the proviaons of Rule 57 of the Delhi Panchayat Raj Rules (hereinafter referred to as the Rules) challenging the election of Rajbir Singh. It was inter alia challenged by Mange Ram that Rajbir Singh has not secured the majority of valid votes and it was in fact Mange Ram who had secured majority of valid votes in the aforesaid election and therefore Mange Rain is entitled to be declared as Pardhan of Gaon Sabha.