SARUP SINGH Vs. K.C. GROVER AND ANR.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against the order of Shri K.C. Grover, Magistrate, First Class, Rohtak, dated 25th February, 1964, passed in the course of proceedings for setting aside the election of the Respondent Balwant Singh on a petition presented by Sarup Singh under Section 13(c) of the Punjab Gram Panchayat Act, 1952, as amended by Punjab Act 26 of 1962.

(2.) ELECTION to the office of the Sarpanch, Gram Sabha, of village Naya Bans, tahsil and district Rohtak, was held on 27th December, 1963. The only two contestants were Sarup Singh Petitioner and Balwant Singh Respondent, and the latter was declared successful as the Returning Officer found that he had secured 420 votes as against 374 that were obtained by the Petitioner. Thereupon on 21st January, 1964, Sarup Singh made a petition (copy annexure A) for setting aside Balwant Singh's election inter alia on the plea that the result of the election in so far as it concerned the successful candidate had been materially affected by improper reception of votes in his favour of dead and missing persons as well as of the minors, persons who were not present including those who were actually in service in the army, and of blind, semi -blind and infirm persons. In contesting the petition, Balwant Singh Respondent not only denied these allegations but also made the counter -allegation that the Petitioner had himself dishonestly and illegally obtained "void votes of persons who were dead, absent or nonexistent on the date of the election", and the result of the election so far as the Respondent was concerned had not been materially affected by any void votes alleged to have been cast in his favour. The Petitioner thereupon put in a replication objecting inter alia that the votes cast in the Petitioner 's favour were not open to scrutiny and the Respondent could not be permitted to assail the validity of such votes on the plea that they were cast by persons who were either dead or absent or minors, etc. Before proceeding with the trial of the petition, the Prescribed Authority, Shri K.C. Grover (Respondent No. 1), considered this legal objection as a preliminary issue, but rejected the same on consideration of the relevant provision contained in Section 13(O) of the Punjab Gram Panchayat Act by his order dated 25th February, 1964. It is against this order that the Petitioner Ram Sarup, has come to this Court, under Article 227 of the Constitution with the Prayer that the order be quashed and the Prescribed Authority be directed not to allow Respondent No. 2 to plead that some of the votes cast in the Petitioner 's favour were void being those of dead ones or minors, etc., and no evidence in this connection be permitted to be adduced.

(3.) IT is Clause (d)(ii) of Sub -section (1) which alone is relevant for purposes of these proceedings, and the sole question for consideration is whether in dealing with the petition for setting aside the election based on the allegation that because of improper rejection of any vote or reception of any vote which is void the result of election in so far as it concerns the elected person has been materially affected, the prescribed authority is competent to scrutinize the votes of the Petitioner who is also an unsuccessful candidate or has to confine the enquiry to the validity of the votes obtained by the successful person.