INDER SINGH Vs. MOTI SINGH

JUDGEMENT

(1.) Inder Singh, petitioner, and Moti Singh, respondent No. 1, both Members of the Panchayat Samiti of Block Nawanshahr, district Jullundur, contested the election to the Chairmanship of this Block Samiti. The election was held on 30th of September, 1961. During the election, according to the petitioner, he got 12 votes, while respondent No. 1 secured 11. Since the officials, including the Minister-in-charge of this Department were interested in respondent No. 1, the Returning Officer illegally rejected petitioner's one vote. As a result, both the petitioner and respondent No. 1 got equal number of votes and, thus, the Returning Officer ordered the drawing of lots under Rule 8(9) of the Punjab Panchayat Samiti Chairman and Vice-Chairman Election Rules, 1961. Lots were then drawn and respondent No. 1 was declared elected as Chairman. The petitioner then filed an election petition under Section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961. Since the petitioner failed to prove any irregularity in the conduct of this election, the election petition was rejected by the Prescribed Authority on 4th September, 1962. Thereafter, the petitioner filed a writ petition (Civil Writ No. 1708 of 1962) in this Court challenging the order of the Prescribed Authority. This petition was accepted by Grover, J. on 21st November, 1963. The learned Judge quashed the election of respondent No. 1. After the acceptance of the writ petition, the petitioner approached the Authorities to declare him as the duly elected Chairman of this Block Samiti. This prayer of his was not accepted by them, but, on the other hand, the Sub-Divisional Magistrate, respondent No. 3, issued a notice dated 17th February, 1964, by which he fixed 29th February, 1964 for the fresh election of the Chairman. This led to the filing of the present writ petition on 24th February, 1964 for an appropriate writ directing the Authorities to declare the petitioner as a duly elected Chairman of this Block Samiti and to restrain them from proceeding with the fresh election.

(2.) After hearing the counsel for the parties, I am of the view that there is no merit in this petition. Section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, is in the following terms :-

(3.) The result is that this petition fails and is dismissed, but in the circumstances of this case, however, I will make no order as to costs in these proceedings.