BHUPENDER SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the impugned judgment and orders dated 24.1.2005 and 11.5.2006 respectively passed by Sub Divisional Officer/S.D.M., Didihat district Pithoragarh (for short S.D.O.) and District Judge, Pithoragarh contained as Annexure Nos. 1 and

(2.) TO the writ petition. 2. Brief facts, giving rise to the writ petition, are that the petitioner participated in the Village Panchayat election for the office of Gram Pradhan of village Khwakoat Block Kanalichina, District Pithoragarh, along with respondent nos. 2 and 3 and he was declared a winning candidate on 30.3.2003 in the election held on 27.3.2003. The respondent no. 1 Sri Ram Singh also filed his nomination papers on 28.2.2003 for the said election before the Returning Officer concerned, but the same was rejected by the returning officer on 12.3.2003 having been found without rhyme or reason.

(3.) AGGRIEVED by the order of rejection of nomination paper, the respondent no. 1 filed an Election Petition No. 2 of 2003, Ram Singh Vs. Bhupendra Singh and others before the Sub Divisional Officer, Didihat, District Pithoragarh under Section 12 -C of the Panchayat Raj Act with a prayer to cancel and set aside the election of Gram Pradhan held on 27.3.2003. The sub Divisional Officer directed the respondents to file written statement. After recording the evidence and hearing the parties, the S.D.M. vide his order dated 24.01.2005 cancelled the election of the petitioner to the office of Gram Pradhan held on 27.03.2003. Aggrieved by the impugned order passed by the Sub Divisional Officer, Didihat the petitioner had preferred a revision before the District Judge Pithoragarh, which was registered as Civil Revision No. 1 of 2005, Bhupendra Singh Vs. Ram Singh and others. After hearing both the parties, the District Judge dismissed the revision vide order dated 11.05.2006, which gave rise to the present writ petition.