LAWS(ALL)-1958-1-1

MAHADEO Vs. SUB-DIVISIONAL OFFICER KUNDA

Decided On January 16, 1958
MAHADEO Appellant
V/S
SUB-DIVISIONAL OFFICER, KUNDA Respondents

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution is directed against a decision of the learned Sub-Divisional Officer, Kunda, district Partabgarh, dismissing an election petition. Maha-deo and nine others are the petitioners in this petition. Sumer Chand is the principal opposite party. Faruq, petitioner No. 8, has filed an affidavit in support of the writ petition.

(2.) According to Faruq's affidavit, election was held for the office of Pradhan of Gaon Sabha Nen-dura. There were two candidates for the Office. They are Sumer Chand and Sajjad Husain, who are opposite parties 2 and 3 in the writ petition. Sumer Chand was declared elected as Pradhan.

(3.) The petitioners filed an election petition challenging Sumer Chand's election. The main ground in the election petition was that, Sumer Chand's age was below 30 years. There were also other irregularities alleged by the petitioners. The election petition was heard by the learned Sub-Divisional Officer Kunda, district Partabgarh. He held that Sumer Chand's age was above 30 years. The election petition was therefore dismissed on 22-6-1956. The ten petitioners have now challenged that judgment dated 22-6-1956.