RAM MURTI Vs. SRI SUBEDAR

JUDGEMENT

(1.) THE appellant Ram Murti has preferred this appeal against the order of the District Judge, Pilibhit, sitting as an Election Tribunal, declaring that the election of the appellant as the Adhyaksh of Zila Parishad, Pilibhit was void and that the office of the said Adhyaksh was still vacant.

(2.) THE election for the office of Adhyaksh, Zila Parishad Pilibhit took place in November 1963. 25-11- 1963 was the last date for filing nominations when the nomination papers of the appellant Ram Murti, the first respondent Subedar and the second respondent Ganga Prakash were filed. At the scrutiny of the nomination papers the Returning Officer rejected the nomination papers of Subedar under Section 13(c) of the U. P. Kshettra Samitis and Zila Parishads Adhiniyam (U. P. Act 33 of 1961), hereinafter referred to as the Act, on the ground that he being a Sarpanch was disqualified for being elected as the Adhyaksh of the Zila Parishad. The nomination paper of the second respondent was also rejected under Section 19(2) of the Act because he had not attained the age of 30 years. Thus the appellant Ram Murti was the only candidate left in the field and he was declared elected as the Adhyaksh under Rule 13 of the U. P. Zila Parishads (Election of Adhyaksha and Up-Adhyaksha and settlement of Election Disputes) Rules, 1961, hereinafter referred to as the rules, on 26-11-1963. Thereafter the election of Ram Murti was challenged in an election petition by Subedar and Ganga Prakash.

(3.) THE Election Tribunal held, inter alia: