GULABCHAND NAIK Vs. DEPUTY COMMISSIONER, JABALPUR

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution for quashing the order of Shri L.B. Sarje, Additional Deputy Commissioner, Jabalpur, passed on 19 -10 -1956 on an election petition filed by Sudama Prasad, Respondent No. 3, under Clause XLII of the Panchayat Rules, 1948, setting aside the election of the Petitioner as a Panch for the Panagar Gram Panchayat from the Subhashganj ward held on 3 -5 -1956.

(2.) THE Petitioner and the Respondent No. 3 Sudamaprasad were the two candidates for the said election. The Petitioner secured 107 votes as against 102 votes secured by the Respondent No. 3 and was duly declared elected as a Panch from the Subhashganj ward. The election of the Petitioner was challenged by an election petition (Annex. I) filed on 23 -5 -1956 on the allegations:

(3.) IN my opinion, the rules have not been correctly interpreted by the learned Additional Deputy Commissioner. Apart from the fact that the location of the booths, as pointed out by the Learned Counsel for the Petitioner, was the same for all the 15 wards of the Panchayat, which fact could have been established on evidence if proper enquiry were held by the learned Additional Deputy Commissioner, there is no warrant for saying that the location of the two booths for two wards in one room with a proper partition in between was in contravention of the rules. The rules on which reliance has been placed by the learned Additional Deputy Commissioner are in these terms: