HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition raises rather an interesting election dispute. What is a "lot" as envisaged under R. 33 of the Punjab Gram Panchayat Election Rules, 1960 (hereinafter called the Rules) is the domain of this petition.

(2.) The petitioner got elected as a Panch on 21st Aug. 1978 in the Sabha area of village Saroya, Tehsil Garhshankar, District Hoshiarpur. Out of the eight Panchas elected, a Sarpanch had to be elected. The petitioner, as also respondent No. 4, contested for the office. Each of them secured four votes. This resulted in a tie. It was to be settled under R. 33 of the Rules which is in the following terms:--

(3.) Respondent No. 4 filed an election petition before respondent No. 2, the Executive Magistrate, who is the prescribed authority under Rule 42 of the Rules. A challenge was made therein to the manner of drawing of the lot. Emphasis was laid therein that respondent No. 4 was given to understand that the rules prescribed that the lots had to be drawn thrice and he was made to sign in consent thereof on that misunderstanding. Claim was built on his behalf on the strength of the first lot having been decided in his favour. The prescribed authority allowed the election petition by resolving the factual controversy in these words: