KALKA PRASAD LAJJA RAM Vs. ELECTION OFFICER GWALIOR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petitioner's case is this:--The petitioner Kalka Prasad and the respondent no. 3 Badamsingh were candidates for the office of the Panchas to Devri Kalan gram Panchayat. The election was scheduled to take place on 17-5-1970 for which the petitioner was allotted the symbol of Bullock and the respondent No. 3 badamsingh the symbol of scales (annexure A-1 ). According to sub-rule (5) of rule 30 of Madhya Pradesh Gram Panchayats Election and Co-option Rules, 1963, the allotment of symbol is final. The petitioner and the respondent No. 3 badamsingh canvassed on the basis of these symbols. The pamphlet distributed by the respondent No. 3 Badamsingh was as per Annexure A-2. In the election, the symbol of Bullock polled 46 votes while the symbol of scale 32 votes. The petitioner who was allotted the symbol of bullock ought to have been declared elected but the Election Officer, respondent No. 1 declared respondent No. 3 badamsingh elected treating his symbol as bullock, which was wholly illegal, unwarranted and ultra vires of the provisions of law. Hence this petition for writ of certiorari for quashing the election of the respondent No. 3 Badamsingh.

(3.) BADAMSINGH, respondent No. 3 did not file any return.