ALI MANSUR Vs. MATIN & ORS.

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is at the instance of an opposite party in a proceeding under section 204 of the Panchayet Act and is directed against Order dated June 11,1999 passed by Civil Judge, Junior Division, 2nd Court, Malda in a Misc. Case No. 24/93 thereby upholding the objection of the opposite party No. 1 as regard the election for the Gayeshbari-lll Gram Panchayat Constituency. There is no dispute that for the election of the aforesaid Gram Panchayat the present petitioner was a C. P. I.(M) candidate while the opposite party No.1 was a candidate of the National Congress Party.

(2.) After the counting of votes it appeared that both of them secured the same number of votes. However, ultimately the petitioner was declared elected as he won the toss as provided in the Rules in case of a tie.

(3.) The opposite party No. 1 challenged the said election by filing a proceeding under section 204 of the Panchayat Act on the allegation that the Presiding Officer illegally cancelled one ballot paper of a blind voter being serial No. 1030.