SARWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether a Municipal Commissioner, against whose election the commission has submitted a report of its finding under Section 254 of the Punjab Municipal Act (for short 'the Act') to the State Government, is entitled to a notice and an opportunity of hearing before the Government decides the matter and set aside his election is a question at paramount importance which has been raised in this writ petition under Ad. 226/227 of the Constitution. Equally pertinent are 'the questions as to whether the State Government is required to a speaking order while accepting or rejecting the report of the commission and whether the report of the coming on is based on the evidence.

(2.) A brief survey of the material facts giving use to the pristinely' legal issues' may aptly be noticed at the outset.

(3.) Election to ward No 4 to the Municipal Committee, Haryana, district Hoshiarpur were held on June 10, 1979. Sarwan Kumar petitioner polled 118 votes, Daulat Ram respondent No. 3 secured 116 votes. The petitioner was declared elected. Daulat Ram filed au election petition against the election of the petitioner under Rule 52 of the Municipal Election Rules, 1952 (for short 'the Rules'). The State Government appointed Shri A. R. Darshi, Election Magistrate, Hohiarpur a commission under Section 247 of the Act for deciding the election petition. The commission submitted a report dated 20-2-1981 holding that three votes of Rajinder Kumar, Ruadan Lal and Smt. Krishna Vati were impersonated by the supporters of Sarwan Kumar and polled in his favour and the real persons had not cast. these votes. These were invalid votes & also held that the one Malkiat Singh, who was a Government servant, had can votes in favour of Sarwan Kumar and this had materially affected the result of the election is favour of Sarwan Kumar The State Government vide order dated 14-1981, (Annexure P.3) set aside the election of Sarwan Kumar petitioner the same being declared Daulat Ram to be elected the Municipal Committee Haryana Aggrieved Sarwan Kumar has Filed this writ petition.