SAT NARAIN FATECH CHAND Vs. HARDAYAL SINGH

JUDGEMENT

(1.) THIS petition under Art. 226 and 227 of the Constitution is directed against the order of the learned Election Commissioner (Ward No. 12 Municipal Committee abohar Muktsar dated 11-10-1963 by means of which the election as Municipal commissioner at Sat Narain petitioners was set aside. The only point canvassed in these proceedings relates to issue No. 2 and it has been strongly argued on behalf of the petitioners that the learned Election Commissioner has transgressed the limits of his jurisdiction by holding that the 11 voters mentioned in the impugned order were either minors or bogus and that substantial number of minor votes had been case in favour of the petitioners and that this constituted material irregularity in the election and by setting aside the election on these grounds. Stress has been laid on the fact the no re-count having been claimed it was not open to the election Commissioner to open the ballot boxes and loot at the votes and sees as to in whose favour those evokes had been case. It has also been argued that it is not established on the record that more than five votes case in favour of the petitioner was invalid and it has be to been so found by the learned Election commissioner. It is further stressed that merely because some persons have been entered in the election roll who may be in fact minors or may be non-existent is by itself no ground for stetting aside the election roll who may be in fact minors or may be non-existent is by itself no ground for setting aside the election for this is not a material irregularity in the election and the electoral roll as such is not subject to revision or scrutiny in the proceedings by way of election petition.

(2.) THE points raised are in my opinion of considerable importance and are likely to arise very frequently in proceedings relating to election to local bodies. It is therefore highly desirable that this writ petition be disposed of by a larger Bench within three weeks. It is therefore highly desirable that this writ petition be disposed of by a larger Bench within three weeks. I would accordingly direct that the papers be laid before my Lords the Chief Justice for passing suitable order under clause (xx) proviso (b) read with clause (xviii) Rule 1 Chapter 3-B High court Rules and Orders Vol. V. Order may be secured without undue delay. ORDER OF THE DIVISION BENCH dua J.

(3.) THIS is a petition under Article 226 and 227 of the Constitution and has been placed before us in pursuance of my order dated 13-10-1964 which may be read as a part of the present order.