HARIPRASAD KHADAKSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India is directed against the election of the fifth respondent, Pritamchand, as Deputy Chairman of seoni Janpada Sabha.

(2.) IN the casual vacancy caused in the office of Deputy Chairman of Seoni janapada Sabha, the petitioner Hariprasad, the fifth respondent Pritamchand and the sixth respondent Gourishankar were candidates for election. The meeting of the councillors convened for the purpose was held on 26-12-1958 and was presided over by the Chairman of the Sabha, respondent No. 4. One of (he 13 votes cast in favour of the petitioner was rejected by the Chairman, with the result that the fifth respondent, who had 13 votes, was declared to be elected.

(3.) THE ballot paper in question was rejected as it had an imprint of the cross put by the voter against the name pf the petitioner. It does not appear to be disputed that the imprint was caused by the folding of the ballot paper while the ink was wet. The case of the petitioner is that the rejection of the vote on this ground was improper. Other points raised in the petition were not pressed.