LAWS(P&H)-2004-9-47

RAVINDER Vs. RATTAN SINGH

Decided On September 03, 2004
RAVINDER Appellant
V/S
RATTAN SINGH Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved against the order passed by the Election Tribunal on 4.4.2003 whereby the election of the petitioner as Sarpanch of Gram Panchayat was set aside on the ground that the petitioner was defaulter of the panchayat and, thus, not eligible to contest as Sarpanch.

(2.) THE nomination for election to the post of Sarpanch was required to be filled in from 26.2.2000 to 28.2.2000. The petitioner herein submitted his nomination papers on 28.2.2000 and was declared elected as Sarpanch in the polling which was conducted on 12.3.2000. Respondent No. 1 Rattan Singh challenged the election of the petitioner herein (hereinafter to be referred as "the elected candidate") by way of election petition under Section 176 of the Haryana Panchayati Raj Act, 1994 (hereinafter to be referred as "the Act") only on the ground that the elected candidate was defaulter of Gram Panchayat at the time of filing of nomination papers and, thus, he was ineligible to contest the election of Sarpanch.

(3.) BEFORE proceeding further, certain provisions of the statute would be relevant for determining the controversy between the parties in the present revision petition.