GEETA BAI Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India is directed against the order dated 23.12.2010 whereby the Sub Divisional Officer (Revenue) allowed the election petition filed under Section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (Adhiniyam) and declared the petitioner's election as void and in lieu thereof declared the respondent No.3 as elected Sarpanch.

(2.) Shri Kirar, learned counsel for the petitioner, assailed this order on following grounds:-

(3.) It is stated that as per Section 36(1)(cc) of the Act, the disqualification is attached to a candidate only when it is shown and established that he himself has encroached the Government or Panchayat land. He submits that there was no material to show the same therefore, the disqualification clause under Section 36 (1)(cc) is not attracted. By placing reliance on the declarations filed by the petitioner while submitting the candidature, it is argued that the petitioner has not suppressed any material facts. The declaration is in consonance with the requisite statutory format. No declaration on merit falls within the ambit of suppression of material facts or mentioning incorrect facts. He submits that the language of Section 36 (1)(cc) is plain, clear, precise and unambiguous. By placing reliance on (Nelson Motis Vs. Union of India and another, 1992 AIR(SC) 1981), Shri Kirar submits that this is settled principle of interpretation of a statute that when language is clear and not susceptible to more than one interpretation, such plain meaning has to be given effect to irrespective of its consequences.