PURAN SINGH Vs. EXECUTIVE MAGISTRATE 1ST CLASS

JUDGEMENT

(1.) This order will dispose of Civil Revisions 495 and 506 of 1973, as common questions of fact and law are involved in them.

(2.) Civil Revision 495 or 1973 is directed against an order, dated 28th March, 1973, passed by the Prescribed Authority to bear the election petitions under the Punjab Gram Panchayat Act, 1952 (hereinafter called 'the Act'). The material facts are that on 26th June, 1972, Puran Singh petitioner was elected as Sarpanch of the Village Panchayat, Ghagra, Tehsil Jagraon, District Ludhiana. Against his election, Jagroop Singh, Respondent 2, filed an election petition before the Prescribed Authority (Executive Magistrate First Class, Jagraon), Respondent 1. The Authority framed six issues on January 25, 1973, and directed that issues (ii), (iii) and (iv) will be treated as preliminary issues. They read as under :-

(3.) The facts giving rise to Civil Revision 506 of 1973, are that Bachan Singh petitioner was elected as Sarpanch of the Village Panchayat, Aligarh, Tehsil Jagraon. Santokh Singh, Respondent 2, filed an election petition before the Prescribed Authority against the election of the petitioner. The Prescribed Authority framed eight issues on 16.11.1972, and directed that issue No. (v) will be treated as a preliminary issue. This issue reads as under :-