DALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Election to the office of Sarpanch of Gram Panchayat Jatwas District Mohindergarh was held in December, 1991. Dalbir Singh petitioner and Sher Singh respondent No. 4 contested the election. Dalbir Singh petitioner Secured 263 votes and Sher Singh respondent 250 votes. The petitioner was thus declared elected. The election was challenged through election petition by Sher Singh inter alia on the ground that Dalbir Singh was below 25 years of age and thus could not contest the election. The Prescribed Authority vide order Annexure P. 1/11/1993 accepted the election petition and declared the election of Dalbir Singh as illegal as he was below 25 years of ate at the relevant time and thus not eligible for contesting the election. Thus Sher Singh was declared as the elected Sarpanch of the Gram Panchayat. An appeal was filed against the aforesaid order by Dalbir Singh which was dismissed by the Additional District Judge on 22/04/1994. Copy of the order is Annexure P. 2. These orders are impugned in this petition filed by Dalbir Singh inter alia on the ground that the petitioner at the relevant time was not less than 25 years of age and that in view of the provisions of S. 13-O(2) and S. 13-OO(2) of the Gram Panchayat Act, Sher Singh, respondent No. 4, could not be declared as elected by the prescribed authority.

(2.) On notice of motion written statement has been filed by the contesting respondent Sher Singh inter alia asserting that on the evidence produced it was established that Dalbir Singh was below 25 years of age at the relevant time and further asserting that the answering respondent was rightly declared to have been elected after election of Dalbir Singh was set aside.

(3.) The question as to whether Dalbir Singh was below 25 years of age at the relevant time is a question of fact. The Authorities have determined this fact on the evidence produced by the parties. Such a finding is not open to challenge in proceedings under Article 226 of the Constitution.