LALU Vs. UMRAO AND ANOTHER

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice Mehrotra dated the 23rd January, 1957. The appellant Lalu and the first respondent Umrao Singh were candidates for election to the office of Pradhan of Gaon Sabha Fatehpur Chak in the district of Meerut, and at an election held on the 17th December, 1955, Umrao Singh was declared duly elected. He obtained 180 votes against 179 cast in favour of Lalu. Lalu then filed an election petition u/S. 12C of the UP Panchayat Raj Act in which he challenged the validity of Umrao Singh's election on the ground, INTER ALIA, that one Bulla who was not entitled to vote at the election had in fact voted for him. The Sub -Divisional Officer found that Bulla had voted for Umrao Singh but that as he was not ordinarily resident in village Fatehpur Chak he was not entitled to vote, and as the result of the election has been materially affected the Sub -Divisional Officer, by an order dated the 27th October, 1956, set aside the election of Umrao Singh. Umrao Singh thereafter filed a petition in this Court u/Art. 226 of the Constitution in which he questioned the validity of the Sub -Divisional Officer's order and prayed that it be quashed by a writ of certiorari. That petition was allowed by the learned Judge by the order which is the subject of the present appeal.

(2.) It is not in dispute that Bulla's name was entered in the adult register of village Fatehpur Chak two days before the day on which the election was held. The question is whether that entry conferred upon Bulla the right to vote at the election. Ss. 5(1), 9 and 11 -B(1) of the UP Panchayat Raj Act are relevant. They are as follows:

(3.) U/R. 4 -A the register to be prepared pursuant to S. 9 of the Act is divided into two parts, Part I being called the family register and Part II the adult register. It is the appellant's contention that, the entries in the adult register are conclusive and their correctness cannot be enquired into by any Court.