DUDHNATH PRASAD Vs. MULCHAND

JUDGEMENT

(1.) This is a petition for a writ of certiorari to quash the decision of opposite party No. 1 Sri Mulchand, additional Sub-Divisional Officer, Rasra and any other writ or direction that may be deemed necessary in the interest of justice.

(2.) The petitioner contested election for the office of Pradhan of village Chaukia; he was elected by an overwhelming majority on 12-3-1956. The defeated candidate, Babu Bam filed an election petition which was dismissed on 11-8-1956 by opposite party No. 1. Another election petition was filed by Sukh Raj Ram and others, opposite parties 2 to 16, and it was allowed by opposite party No. 1 on the same date on the ground that the petitioner was less than thirty years of age and was, therefore, disqualified for the office of Pradhan.

(3.) The petitioner claims that he was more than thirty years of age when he contested the Election, that according to the family register prepared for the purpose of the elections he was 31 years of age and that an objection to his being a candidate for the election on the ground of his being of under age had been rejected by the polling officer before whom it was raised. He also contested the jurisdiction of opposite party No. 1 to dispose of the election petition; he contended that opposite party No, 1 was a judicial officer and also additional sub-divisional officer but not sub-divisional officer. Two election petitions were amalgamated by opposite party No. 1 and evidence was recorded in one, merely that filed by Babu Ram, and was treated as evidence in the other petition also; the petitioner contended that this was an illegal procedure adopted by opposite party No. 1. He therefore prayed for the decision of opposite party No. 1 setting aside his election and declaring a vacancy in the office of pradhan, being quashed.