RAM SINGH Vs. SUB

JUDGEMENT

(1.) This writ petition is directed against a decision of an Election Tribunal dismissing an election petition. Sri Ram Singh is the Petitioner. Ram Adhar Singh is the principal opposite party.

(2.) According to the Petitioner's affidavit, election for the office of Pradhan of Gaon Sabha of Duhin Kalan in district Mirzapur was held in Dec., 1955. Sri Ram Singh and Ram Adhar Singh were the rival candidates for the office. Ram Adhar Singh received 106 votes, while Sri Ram Singh received 103 votes. Some of the votes received by Ram Adhar were votes cast by minors. The Petitioner made a protest to that effect. Nonetheless Ram Adhar Singh was declared elected to the office of Pradhan. Sri Ram Singh filed an election petition challenging Ram Adhar Singh's election. In the election petition also Sri Ram Singh urged that some of the supporters of Ram Adhar Singh were miners. The election petition was dismissed by the learned Sub Divisional Officer, Chunar on 19-5-1956. Sri Ram Singh seeks by this writ petition to have that decision of 19-5-1956 quashed.

(3.) The main ground raised in this writ petition is that six persons who voted for Ram Adhar Singh were minors. On this point the Tribunal found against the Petitioner. It was held that the Petitioner failed to prove that the six persons were minors, or that they voted for the opposite party. For purposes of this writ petition, we may assume that the six persons mentioned by the Petitioner were minors, and that they voted for the opposite party. Still the election petition could not succeed. The Petitioner did not suggest that names of those six persons were not on the register of voters. We may, therefore, assume that, names of those six voters were on the register of electors. The question is whether those six persons were entitled to vote.