BAHADUR SINGH Vs. PAHALWAN SINGH

JUDGEMENT

(1.) A torn and tattered petition it is, so it is contended by respondent's counsel. Because, for the battered cause relief has to be sought in popular mandate and not in legal battle. That counsel submits, is the crux of the matter.

(2.) The result of petitioner's election to a Mandi Samiti has been found materially affected by the Election Tribunal as a result of a ballot paper being "received" (counted) in favour of the petitioner. On that ground petitioner's election has been set aside. It is contended, therefore, that there would be no complaint to be heard by us on the writ side.

(3.) Indeed, another forceful contention pressed at the threshold by Shri Lahoti is that necessary parties not being before the Court today the petition is not maintainable and no relief can be granted to the petitioner. In this connection the fact which is not denied is that respondents Nos. 2 to 5, who would now be the candidates in the re-election were given up and they were not noticed on the prayer made by the petitioner. Both contention pressed by Shri Lahoti are supported by Shri J.S.L. Sinha and Shri Arvind Dudawat, appearing for the Mandi Samiti and State respectively.