DHARAMVIR Vs. VIJAY KUMAR

JUDGEMENT

(1.) GENERAL elections of the Councillors for Municipal Corporation, Amritsar, were held on 28. 4. 1991 under the Punjab Municipal Corporation Act (hereinafter referred to as the Act ). Petitioner alongwith respondents No. 1 to 9 and 15 contested the election from Ward No. 39 of the Municipal Corporation, Amritsar, and was declared elected.

(2.) VIJAY Kumar respondent No. 1 filed an election petition on 27. 5. 1991 under Section 18 of the Act read with Rules 17, 23, 38-E, 51 and 53 of the Punjab Municipal Rules, 1952 (hereinafter referred to as the Rules) before the Deputy Commissioner challenging the election of the petitioner. Deputy Commissioner forwarded the election petition to the Punjab Government who in turn entrusted the same to the Regional Deputy Director, Local Government Punjab at Amritsar (hereinafter referred to as the Prescribed Authority ).

(3.) ON 9. 4. 1992 Vijay Kumar respondent No. 1 filed an application under Rule 60 of the Rules for withdrawal of the election petition. This application was dismissed by the Prescribed Authority holding that the same was not in consonance with Rule 60 of the Rules and further ordered that if respondent No. 1 was to withdraw the petition then he should move an application in accordance with Rule 60 of the Rules. The case was adjourned to 20. 4. 1992. On this adjourned date, respondent No. 1 was not present before the Prescribed Authority and his counsel made a statement that he has received no instructions to proceed with the election petition. The Prescribed Authority dismissed the petition in default.