AMAR NATH SINGH Vs. SUB

JUDGEMENT

(1.) This is an appeal. against the order of Mr. Justice Tandon dated the 19th March, 1958.

(2.) The appellant and the second respondent were candidates for election to the office of Pradhan of a Gaon Sabha. The nomination paper of the second respondent was rejected by the Returning Officer on the ground that the taxes due by him to the Gaon Sabha were in arrears and he was therefore disqualified under Cl. (e) of Sec. 5A of the U. P. Panchayat Raj Act, 1947. The appellant was accordingly declared to be duly elected. The second respondent then filed a petition under Sec. 12C of the Act in which he called in question the election of the appellant on the ground that his, that is the second respondent's nomination paper had been improperly rejected and that the result of the election had been materially affected thereby. The election petition was allowed, and by an order dated the 13th June, 1956, the Sub-Divisional Officer set aside the election of the appellant and declared a casual vacancy. The appellant then filed a petition in this court under Art. 226 of the Constitution in which he challenged the validity of that order on the ground, inter alia, that the Sub-Divisional Officer had no jurisdiction to decide the question of disqualification. Which ought, it was contended, to have been referred by him to the prescribed authority under Sec. 6A of the Act. That petition was dismissed by the learned Judge and the appellant now appeals.

(3.) The only question argued before us is with regard to the jurisdiction of the Sub-Divisional Officer to decide the question of disqualification. Sec. 6A of the Act provides that