KABUL SINGH Vs. ADDITIONAL DISTRICT JUDGE HOSHIARPUR

JUDGEMENT

(1.) IN 1983, election to the office of Sarpanch under the Punjab Gram Panchayat Act, 1952, for the Gram Panchayat, Ghagon Roranwali, Tehsil Garhshanker, District Hoshiarpur, was held. At the time of filing of the nomination papers, petitioner Kabul Singh raised an objection that respondent No. 3, Devinder Singh, could not contest the election and his nomination papers were to be rejected, as Devinder Singh had earlier been dismissed from service for corruption and misbehaviour while he was in service as a Patwari. However, the objection was rejected and the election took place and Devinder Singh was elected as the Sarpanch.

(2.) KABUL Singh the present writ petition, challenged the election by way of an election petition before the Sub-Divisional Officer (Civil), Garshankar, and the same was accepted by the learned Sub-Divisional Officer (Civil), which is the preserved authority under the Punjab Gram Panchayt Act, on 24th October, 1985. As a result of acceptance of the election petition, the election of respondent No. 3, Devinder Singh, was set aside. Againsl this order, Devinder Singh filed an appeal before the District Judge, Hoshiarpur which was accepted by the learned Additional District Judge, Hoshiarpur, on 12th May, 1986. The learned appellate authority found that in fact Devinder Singh, respondent No. 3, had not been dismissed from service as a Patwari, but he had only been removed from service, which removal did not amount to disqualification for contesting the election as Sarpanch.

(3.) AFTER hearing the learned counsel for the parties, we find that the reasoning of the appellate authority is legally in order and respondent No. 3 was, in fact only removed from service as a Patwari. Therefore, the nomination papers of Devinder Singh for the office of Sarpanch had been rightly accepted and the election-petitioner had no cause of action to challenge the election of Devinder Singh.