DHONDBA ADKU Vs. CIVIL JUDGE JUNIOR DIVISION HINGANGHAT

JUDGEMENT

(1.) THESE two petitions arise out of election to the Gram Panchayat.

(2.) IN Special Civil Application No. 418 of 1966 the election to the Gram Panchayat of Taroda was held on November 29, 1965, the date of filing nomination papers being November 3, 1965. At this election the two petitioners got 90 and 85 votes respectively and respondents 2 and 3 got 73 and 72 votes respectively. They then made an election petition under section 15 of the Village Panchayats Act. challenging the election of the petitioners on several grounds one amongst them being that the voters' list was not in accordance with law, inasmuch as it contained, along with the names of persons in ward no. 3 for which the petitioners were elected, names of some persons who are residents in other wards, while some of the persons who are residents in ward no. 3 were shown as voters in other wards. The other contentions need not be referred to as they do not affect the election.

(3.) THE petitioners resisted the application. The Tribunal upheld the present contention and held that it can be a ground for setting aside an election under section 15 of the Act, In view of its findings the Court set aside the election of the petitioners. The petitioners seek to challenge the orders.