JOGINDER SINGH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Nos. 1266 and 1514 of 1973. They are directed against the same order passed by the Executive Magistrate, Hoshiarpur on January 4, 1973 as an Election Tribunal under the Gram Panchayat Act. The facts giving rise to the present controversy may briefly be stated as follows :

(2.) The learned counsel for the petitioner has drawn my attention to Section 13-O of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act). Sub-section (d) of this Section lays down, "that the result of the election in so far as it concerns the elected person, has been materially affected". The learned Executive Magistrate gave no finding that because of the short publication of the election programme, the election of the returned candidates has been materially affected. Even otherwise respondent 3 having unsuccessfully contested this election, cannot be heard to say that some prejudice has been caused to him because of the late publication of the election programme.

(3.) For the reasons mentioned above, these petitions are allowed and the order dated January 4, 1973 passed by the learned Executive Magistrate, Hoshiarpur, quashing the election of Joginder Singh, Sarpanch and the petitioners in Civil Writ No. 1514 of 1973 is quashed. There shall be no order as to costs. Petition allowed.