SURAJ BHAN Vs. ANOKH SINGH

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution has been filed by Suraj Bhan and directed against the order dated 31st March, 1965 passed by Shri Anokh Singh, Executive Magistrate, First Class, Jind District Sangrur, respondent No. 1, the Prescribed Authority under the Punjab Gram Panchayat Act.

(2.) During the election of the office of Sarpanch of Gram Panchayat Intal Kalan, the petitioner was successful, since he secured 173 votes as against Risala, respondent No. 2, who got only 172. Respondent No. 2 then filed an election petition challenging this election and the same was tried by respondent No. 1. Several allegations had been made by respondent No. 2 in support of his election petition, but we are in the present writ petition concerned only with one of the them, namely, that the petitioner with the connivance of the Returning Officer got the votes of five dead persons polled in his favour. This allegation led to the framing of issues 2 and 5, which are as follows :-

(3.) The prescribed Authority came to the conclusion that the vote of one person, namely Smt. Bharto wife of Girdhari, was got polled by the petitioner. This reduced the number of votes got by the petitioner from 173 to 172, with the result that the votes secured by both the petitioner and respondent No. 2 became equal. On the basis of this finding, the Prescribed Authority, by the impugned order, held :-