INDERJEET AND OTHERS Vs. SUB

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India which has been referred to Division Bench by a learned single Judge of this Court because he considered the point involved to be rather of importance and of frequent occurrence.

(2.) The question raised in this petition is whether under Sec. 12-C of the U.P. Panchayat Raj Act an election petition can be filed to challenge the election of more than one successful candidates. The point arose in connection with the elections of Gaon Panchayat Lamtauri in the district of Mathura. In this election 8 persons were to be elected and about 30 candidates contested those 8 seats. The voting took place on the 25th of Feb., 1961 and counting of votes in these elections was by show of hands for each candidate. The returning officer had to count votes for each candidate and had to announce the result immediately. Election agents and other candidates were also permitted to check and object, if necessary, after the counting had taken place. In respect of all the candidates, the returning officer had to send the return to other authorities and results were to be announced later declaring those who obtained highest number of votes as elected. On the basis of voting that took place on the 25th of Feb., 1961 respondents nos. 2 to 9 were declared elected. Petitioners Nos. 1 to 8 who were also candidates to the election and who had not been elected, filed an election petition before the Tribunal. To this petition all the eight successful candidates were made parties and the election of all the eight successful candidates was challenged on the ground that in the case of each of those eight candidates votes received by them were wrongly noted and that the eight petitioners had in fact received larger votes than the eight candidates who were declared successful and elected and that the list which was prepared at the time of election showing votes received by each candidate, was subsequently interfered with and thus the election of all the returned candidates was sought to be set aside. It was also prayed that either fresh elections be ordered to the petitioners be declared to have been duly elected.

(3.) The Tribunal who was the Sub-Divisional Officer, of the area relying upon the case of Shri Shyam Narain Singh Vs. The S.D.O., Chunar, 1958 A.L.J. 761 (a single Judge decision of this Court) held that one single petition could not challenge the election of more than one candidate and of basis he dismissed the petition. against that order the present petition under Art. 226 of the Constitution was filed in this Court which has been referred to this Division Bench. While making the reference, the learned single Judge who heard the petition was in agreement with the ruling relied upon by the Tribunal but referred the matter because it raised a question of importance.