MAHAN SINGH AND RATTAN SINGH Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) Petitioners Mahan Singh and Rattan Singh have challenged the order of the Executive Magistrate, Jagraon, (the Prescribed Authority under the Punjab Gram Panchayat Election Rules) dated June 2, 1979 whereby he decided the following preliminary issue in favour of Nahar Singh who had challenged the election of Mahan Singh, Sarpanch and Rattan Singh Panch through one single election petition :

(2.) Mr. Nijjar counsel for the petitioners has contended that it is the Amrik Singh Waryam Singh v. B.S. Malik and others, 1966 AIR(P&H) 344, that should govern the decision in this case and not Zile Singh's case .

(3.) In my opinion ratio of neither of the aforesaid decisions is applicable to the facts of the present case. To appreciate the above view it deserves highlighting that eight Panches including Rattan Singh petitioner herein constituted the electoral college for the election of Sarpanch. Petitioner Nahar Singh in the contest for Sarpanchship lost to Mahan Singh, petitioner No. 1 by two votes - he getting three votes; while Mahan Singh getting five votes. He challenged the election of Sarpanch Mahan Singh on the ground that Rattan Singh should not have been a Panch for he was not duly elected while in his place Pala Singh should have been a Panch who had been wrongly declared to be defeated by Rattan Singh.