RAM DIYA Vs. ADDL DISTT JUDGE, ROHTAK

JUDGEMENT

(1.) Elections held to the posts of Sarpanch and Panches of the Gram Panchayat of village Jindran on 8th June, 1978, were challenged by two separate petitions before the Prescribed Authority inter alia on the ground that the polling remained suspended from 9.30 A.M. to 2.30 P.M., yet the Prescribed Authority did not extend the polling time by the time so lost, as envisaged by sub-rule (b) of Rule 22 of the Haryana Gram Panchayat Election Rules, 1971 , which is reproduced hereunder :-

(2.) The Sarpanch as also the Panches separately filed appeals before the Appellate Authority (District Judge) under the Rules. The Appellate Authority sustained all the afore-mentioned findings recorded by the Prescribed Authority and sustained the order of the Prescribed Authority and with a further finding that in view of the fact that about 60 per cent voters had not cast their vote, it must presumed that the election of the returned candidate was materially affected.

(3.) The two orders in question have been assailed in this petition by Ram Dia Sarpanch - the Panches having acquiesced in the order of the Appellate Authority - inter alia on the ground that the order of the Prescribed Authority was clearly illegal, in that it set aside the election of the returned candidate without recording a finding that as a result of the violation of Rule 22 clause (b) of the Rules the election of the returned candidate had been materially affected. The finding of fact recorded by the Appellate Authority in that regard is alleged to be vitiated as there existed no material on the record to warrant a finding that the election of the returned candidate had been materially affected.