RAGHURAJ SINGH Vs. NARAINSINGH

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution.

(2.) ELECTION to the office of the Sarpanch of the Panchayat, Badoni Khurd, Tahsil Datia, took place on 28th July, 1970. The petitioner and respondent No. 1 were the candidates for the office of Sarpanch. The petitioner was declared duly elected. Therefore, respondent No. 1 filed an election petition under section 357 of the M. P. Panchayats Act, 1962, challenging the election of the petitioner and prayed that he should be declared duly elected as the Sarpanch. The petitioner in his written statement alleged that respondent No. 1 was not qualified to be elected as the Sarpanch on two grounds. His first contention was that respondent No. 1 had not paid taxes due from him to the Gram Panchayat and as such had incurred a disqualification under clause (i) of sub-section (1) of section 17 of the Act. He further alleged that respondent No. 1 was guilty of certain corrupt practices at the election of the Sarpanch.

(3.) SUB-section (1) of section 17 of the Act lays down the disqualifications for being a Panch, Sarpanch or an Up-Sarpanch. Thus, even though a Panch may have been duly elected and may be continuing to hold that office he would not be qualified to be a Sarpanch if he incurs any of the disqualifications mentioned therein. SUB-section (2) of section 17 lays down the circumstances in which a Panch, Sarpanch or an Up-Sarpanch who has been duly elected, appointed or co-opted may cease to hold his office on incurring certain disqualifications specified therein. Thus, the scope and the object of the provisions of sub-section (2) are entirely different and are not at all relevant for considering the eligibility of respondent No. 1 for being elected as the Sarpanch.