DWARIKA Vs. SUB-DIVISIONAL OFFICER AND ORS.

JUDGEMENT

(1.) DWARIKA , the Petitioner, and Shiv Raj Singh, respdt. No. 2, were candidates for the office of Pradhan of Gaon Sabha, Majhgaon, Distt. Hardoi. The election to this office was held on 20th April, 1972. Of the votes cast, the Petitioner secured 376 votes while the Respondent obtained 369 votes. The Petitioner was declared as duly elected Pradhan.

(2.) THE Respondent filed an election petition. Two principal grounds were taken; firstly, that the counting was not done in accordance with law; and, in the next place, that the blind and infirm persons did not cast their votes in accordance with the prescribed procedure, inasmuch as the helpers accompanying them were minors, while the rules provided that they should not be less than 21 years in age.

(3.) THE Tribunal relied upon the statement of one Bhagawti Din clerk of the Panchayat Raj Department, for holding that the blind and infirm persons were allowed to have companions who were minors. On this finding the election of the Petitioner was set aside and a casual vacancy was declared.