ARJAN SINGH Vs. GUDAR SINGH

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India for quashing the order, dated 19th July, 1961, passed by the Prescribed Authority under Section 8 of the Punjab Gram Panchayat Act, 1952, allowing the election petition of the Respondent and setting aside the election of the Petitioner as a Sarpanch of the Gram Panchayat of village Palla Megha (district Ferozepur) and ordering fresh election for the same.

(2.) IT appears that on 29th November, 1960, two persons, namely, Gudar Singh, and Arjan Singh, filed nomination papers for election as a Sarpanch for the Gram Panchayat of Palla Megha. The Returning Officer accepted the nomination paper of the Respondent, Arjan Singh, and rejected that of Gudar Singh, on the ground that he had not paid the arrears of the chulha tax. Thereupon, Gudar Singh, filed an election petition under Section 8 of the Act. The Prescribed Authority held that his nomination paper had been wrongly rejected, because no arrears of the chulha tax were due from him to the Gram Panchayat of village Palla Megha. He further held that the improper rejection of his nomination paper had materially affected the result of the election and, consequently, he set aside this election and ordered fresh election of the Sarpanch for this Gram Panchayat. Against this order, the present petition has been filed by Arjan Singh, who had been declared elected as a Sarpanch. It is common ground that Gudar Singh, belonged to village Kamalwala, which was included in the Gram Panchayat of village Langiana, when the first general elections of the Panchayats were held. In the present elections, however, this village had been included in the Sabha area of village Palla Megha. It is not disputed that he had not paid the chulha tax due from him to the Gram Panchayat of village Langiana. It is also undisputed that no arrears of chulha tax were due from him to the Gram Panchayat of village Palla Megha, to which the present election related. The sole question for determination is whether a candidate standing for election as a Sarpanch should not be in arrears of the tax in regard to that very Panchayat to which he is seeking election or he should not be in arrears regarding any Panchayat constituted under the Act. This question will depend on the interpretation of the provisions of Section 6(5)(j) of the Act, which are in the following terms - -

(3.) THE present petition, therefore, fails and is dismissed. There will, however, be no order as to costs in this Court as well.