PRAKASH Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) THE election to the post of Pradhan of the Gaon Sabha, Dhanora, Tahsil Hapur, district Meerut, was notified to be held under Section 11-B (1) of the U. P. Panchayat Raj Act. The polling was to take place on 28th May, 1972. The appellant as well as respondents Nos. 4 to 9 were the contesting candidates. On 28th May, 1972 all contesting candidates except respondent No. 4 Ram Singh Tyagi filed an application before the Presiding Officer retiring from the election. The Presiding Officer stopped the commencement of the poll and transmitted the application to the Returning Officer. The Returning Officer rejected the application on the grounds :

(2.) RESPONDENT No. 4 filed an election petition, particularly on the ground that because of the withdrawal of the candidates on 28th May, 1972 he was the only contesting candidate left in the field; so he was entitled to be declared elected. The subsequent polling held on 7th June, 1972 was void and ineffective.

(3.) AGGRIEVED the appellant filed a writ petition. The learned Single Judge held that the Election Tribunal had recorded a finding on the testimony of the Returning Officer which is corroborated by the entry in the election diary that at about 7 a.m. in the morning of 28th May, 1972 all the candidates except respondent No. 4 withdrew from the contest. He held that this is a finding of fact and does not suffer from any error of law. On this finding the respondent No. 4 was rightly declared elected. On this view the writ petition was dismissed. Hence the present appeal.