RAM DASS Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE petitioner -appellant challenged the election of Joginder Singh, respondent whereby he had been declared elected as a Sarpanch of Village Rori, Tehsil Balachaur, District Nawanshahr. The election has been challenged on the ground that the successful candidate i.e., respondent could not participate in the election due to the fact that he was a full time salaried employee of Food Corporation of India in Adampur Depot, District Jalandhar.

(2.) LEARNED Counsel for the appellant before the Tribunal has alleged that the respondent apart from being a daily wager, has been a regular employee of Food Corporation of India. In this regard, he has produced muster roll. However, in the muster roll, he has been shown as an employee of Food Corporation of India and has drawn salary from October 1997 to April, 1998, then May, 1998 to July, 1998 and that his presence has been marked in the attendance register which has been exhibited as Ex. Mark -A. The document shows the deduction of Contributory Provident Fund and recovering of the Government dues effected from the salary.

(3.) LEARNED counsel for the appellant has placed reliance upon a judgment rendered in re :, 1998 P.L.J. 617 whereby it has been categorically held that Food Corporation of India is a statutory body. Resultantly, the petition has been accepted and the election of the respondent Joginder Singh has been held to be void. It has been further observed by the Tribunal that the election be held afresh.