MAHABIR PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the order of the learned Single Judge quashing the appointment of the appellant as Sarpanch under Section 11 of the Punjab Gram Panchayat Act. 1953.

(2.) THE facts disclose a tortuous course of litigation between the aspirants to the office of the Sarpanch in village Elenabad. Krishan Kumar, respondent No. 3, was declared elected as Sarpanch of the Gram Panchayat of the above-said village in an election held on the 8th of January, 1964. This election was challenged by way of an election petition filed before the prescribed authority which was allowed and the election of respondent No. 3 was set aside by an order dated the 7th of September, 1967. Aggrieved by this, respondent No. 3 filed Civil Writ No. 2121 of 1967 against the above-said order but failed and his petition was dismissed in limine on the 4th of October, 1967. Meanwhile the records of the Gram Panchayat were entrusted to one Tara Chand but in a meeting of the Gram Panchayat held on the 30th of December, 1967, one Des Raj was elected as the Sarpanch. This election again in turn was challenged by way of civil writ No. 293 of 1968 and the appointment of Des Raj as Sarpanch was set aside by the order of Shamsher Bahadur, J. dated the 29th of march, 1968. Thereafter the Deputy Commissioner, Hissar, exercising his powers under Section 10 of the Act read with Rule 40 of the Gram Panchayat election rules directed the Sub-Divisional Officer, Sirsa, to frame a programme for holding election to fill the vacancy. In pursuance of these directions, the election of the Sarpanch was actually fixed for the 29th of June, 1968. However, before it could be held for reasons which are not fully apparent on the record, a telegram was received by the Sub-Divisional Officer from the Development Commissioner, Haryana, dated the 26th of June, 1968, directing as follows:

(3.) BEFORE the learned Single Judge no return was filed on behalf of the official respondents, namely, the State of Haryana and the Deputy Commissioner, Hissar, nor was any appearance entered on their behalf. The writ petition was contested only by the present appellant.