PAN BAI Vs. IMRAT SINGH

JUDGEMENT

(1.) This Order shall govern the disposal of the two writ petitions preferred under Articles 226 and 227 of the Constitution of India. These are Writ Petition No. 102 of 1995 and Writ Petition No. 104 of 1994. The facts in Writ Petition No. 102 of 1995 be first noticed.

(2.) An election was held to the Gram Panchayat of Gopalpur Taktaiyan, district Guna. The present petitioner won by margin of 9 votes. He was declared elected to the office of Panch. An election petition was filed on the ground that five persons whose names were ordered to be included in the electoral roll were not permitted to cast their votes. The Election Court took notice of this fact and recorded a finding that this has materially affected the result of the election of the present petitioner and accordingly set aside the election. Copy of the Order is Annexure P/ 1. The other ground urged by the respondent election petitioner - is that six persons, whose names were already on the electoral roll were not permitted to cast their votes. This plea however has not been substantiated and no finding has been recorded on this ground.

(3.) In Writ Petition No. 104 of 95, the present petitioner was elected as a Sarpanch to the same Gram Panchayat, i.e. Gopalpur Taktaiyan, district Guna. She won the election by margin of 36 votes. The allegation made are the same as made in the Writ Petition No. 102 of 1995. It is stated that five persons, whose names were directed to be included in the electoral roll were not permitted to cast their votes. The Election Court came to the conclusion that the refusal to permit the five voters to cast their votes has materially affected the result of the election of the present petitioner to the office of Sarpanch. The election was set aside. The order passed is Annexure P/1.