PURAN CHAND Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by Puran Chand challenging the election of Mehma Singh and Bhagirath Singh, respondents 3 and 4 as Primary Members of the Panchayat Samiti, Shahabad Block, District Karnal and representing the Co-operative Societies with the jurisdiction of this Panchayat Samiti.

(2.) This election is being attacked only on one ground, namely, that the voters list had not been correctly prepared inasmuch as there was a non-compliance with Rule 22(4) of the Punjab Panchayat Samitis (Primary Members) Election Rules, 1961 (hereinafter referred to as the Rules). It is common ground that under Section 5(2)(a)(ii) of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter referred to as the Act), two members, representing the Co-operative Societies within the jurisdiction of the Panchayat Samiti have to be elected by the representations of such Societies. The two members have to be elected from amongst the members of these Societies. Rules 21 to 29 have been framed, which prescribe the manner in which this election has to take place. The relevant Rule for the purpose of this case is Rule 22, which runs thus :-

(3.) In the present case, according to the petitioner, the total number of votes polled were 104, the details of which are as under :-