MUNNA SINGH Vs. NARAIN SINGH AND OTHERS

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India by Munna Singh for the issue of a writ of certiorari to quash the order dated 15-1-1957 of the Sub-Divisional Officer, Chata, respondent no. 2, whereby the election petition preferred under Sec. 12-D of the U.P. Panchayat Raj Act by Narain Singh, respondent no. 1, against the election of the petitioner as Sarpanch of the Nyaya Panchayat of Ranwat was allowed, the election of the petitioner as Sarpanch was set aside and a casual vacancy was declared in the office of this post.

(2.) The facts of the case are not in dispute, and the only question of law involved is whether the petitioner was disqualified to be chosen as Sarpanch of the Nyaya Panchayat.

(3.) The petitioner and also Narain Singh, respondent no. 1 are two of the elected members of the Gaon Panchayat and the District Magistrate appointed them as Panches of the Nyaya Panchayat under order dated 29-5-1956. On 30-9-1956 the election of the two Sarpanches was conducted when the names of the two were proposed and Munna Singh was declared elected on his securing seven votes against three by respondent no. 1.