KHATANA SANKALABHAI DOSABHAI Vs. JESINGBHAI DEVRAM THAKKAR

JUDGEMENT

(1.) On 1st March 1968 the petitioner was elected President of Kankrej Taluka Panchayat in Banaskantha District. The respondent No. 1 was his rival candidate. The petitioner got 26 votes and the respondent No. 1 got 25 votes. The petitioner was therefore elected by majority of one vote.

(2.) The respondent No. 2 had lodged information with police on 7th March 1968 that he had been abducted by the petitioner and others and that therefore he could not remain present at the time of voting at that election. The police found that the complaint was false and applied to the Magistrate for B Summary. The Magistrate rejected the application for B Summary and granted A Summary. The respondent No. 2 had also filed a private complaint about it. On 17th March 1969 the Magistrate dismissed it. While doing so he observed that abduction had taken place but it was not proved who had done it.

(3.) Meanwhile the respondents No. 1 and 2 made an application to the District Development Officer under sec. 55(6) of the Gujarat Panchayats Act 1961 in order to have the election of the petitioner set aside and to have a fresh election ordered. The District Development Officer found that the respondent No. 2 had been abducted and that therefore there was no free and fair election. In that view of the matter he set aside the election of the petitioner and ordered a fresh election to be held.