HARI RAM Vs. HANS RAJ

JUDGEMENT

(1.) Hari Ram, petitioner, was elected as the Sarpanch of village Sambalka, district Karnal, in the elections of Gram Panchayats held in January, 1964, after defeating Hans Raj, respondent No. 1 by margin of 78 votes. Respondent No. 1 then filed an election petition as provided under the Gram Panchayat Act and the same was heard by Shri R.N. Puri, Magistrate Ist Class, Panipat respondent No. 2, the Prescribed Authority, who set aside the election of the petitioner by his order dated 6th May, 1964. The present petition under Articles 226 and 227 of the Constitution has been filed challenging this order.

(2.) The sole ground on which the election has been set aside by respondent No. 2 is that seven voters had been allowed to exercise their right of vote by the Presiding Officer, although their names had been deleted from the list of voters. According to respondent No. 2, it appeared that the upto date voters' list had not been supplied to the Presiding Officer and that is why this error had been committed. The Prescribed Authority was of the view that since these seven persons had been allowed the right of vote whereas they were not electors within the definition of Rule 2, sub-clause (c) of the Gram Panchayat Election Rules, 1960, it had resulted in the breach of the provisions of Section 13(o)(d)(ii) and (iii) of the Punjab Gram Panchayat Act. The election was, accordingly, set aside by him.

(3.) There is a clear error of law apparent in the order of the Prescribed Authority. The relevant portion of Section 13(o)(d) runs thus -