AMRIK SINGH WARVAM SINGH Vs. B S MALIK

JUDGEMENT

(1.) THE important question of law, which calls for a decision in this case is whether an election-petitioner under Sections 13-B and 13-C of the Punjab Gram panchayat Act, 1953 as amended by Punjab Act 26 of 1962 can maintain one single petition calling in question the election of a Sarpanch and various Panches of a Gram Panchayat held on a single day.

(2.) THE facts relevant for the decision of this case are not in dispute. Gram panchayat, Mehtabgarh consists of two villages, namely, Mehtabgarh and Bhua khera. The petitioner was admittedly an elector of the Gram Sabha area Mehtabgarh in accordance with an election programme issued by the Deputy commissioner. Patiala in December. 1968 for holding the election of a Sarpanch and four Panches of the above-said Panchayat, nomination papers were filed as below :

(3.) AT the time of scrutiny of the nomination papers the Returning Officer rejected the papers of the petitioner and of Babu Singh, respondent No. 3 so far as the election of the Sarpanch was concerned. Out of the nomination papers filed for the election of the four seals of Panches the Returning Officer accepted the nomination papers of respondents Nos. 4 to 7 and 9 but rejected that of Tara Singh, respondent No. 8.