MALKIAT CHAND Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) THIS writ petition is directed against the orders dated 2.8.1993, passed by Sub Divisional Judicial Magistrate, Nawanshahr, and dated 20.9.1994, passed by Addl. District Judge, Jalandhar.

(2.) THE facts as given in the writ petition are that election to the post of Sarpanch in village/Gram Panchayat Malupota, Tehsil Nawanshahr, was held on 20.1.1993 in which the petitioner and one Makhan Singh (respondent No. 2) contested, Petitioner secured 462 votes and whereas respondent No. 2 (Makhan Singh) secured only 437 votes. Resultantly, respondent No. 2 filed an election petition before the competent authority on various ground including that some votes of the persons mentioned underage, some votes of the persons mentioned belonged to other villages, but have been cast/polled in the election of Gram Panchayat Malupota. It was further alleged by respondent No. 2 in his election petition that some voters appeared at two places, thereby praying that there has been illegal casting of votes which has materially affected the result.

(3.) BEFORE the petitioner could file appeal, respondent No. 2 became Sarpanch and got the charge from the Administrator in the month of August, 1993. The Appellate Authority granted the stay of the operation of the order under appeal on 30.8.1993. Prior to the passing of this order, respondent No. 2 had already taken charge as Sarpanch in August, 1993, therefore, he filed an application before the Appellate Authority for vacation of the stay order which was ordered on 15.9.1993. A copy of this order has been annexed as Annexure P.2 with the writ petition. Against this order, the petitioner filed C.W.P. No. 11807 of 1993 which was disposed of on 18.2.1994 by a Division Bench of this Court by giving a direction that the appeal be decided according to law within three months from the date next fixed in the appeal and in the meantime, stay was ordered to continue.