SATWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In an election for the office of Sarpanch of the Gram Panchayat of village Pakka Khera Mashmula Sheikhupura Manchoori, Tehsil and District Karnal held on December 31, 1963 the petitioner was elected by a majority of 187 votes. Amongst the other four persons, who contested the election with the petitioner was Harbans Singh, respondent No. 3 who secured the next highest number of votes. Harbans Singh, respondent filed an election petition for setting aside the election of the petitioner on 13th January, 1964 on the ground that the petitioner was disqualified from being elected as Sarpanch under Section 6(5)(f) of the Punjab Gram Panchayat Act as he had been dismissed from Government service. Satwant Singh contested the election petition on the ground that his removal from service was on medical grounds and, therefore, he fell within the exception to the disqualifying clause referred to above. The Ilaqa Magistrate, who was the prescribed authority under the Act, framed two issues for the trial of the election petition viz., -

(2.) By his judgment dated 2nd April, 1964 the prescribed authority held that the petitioner had in fact been dismissed from his service as a Foot Constable on grounds other than medical ones and on that basis answered issues No. 1 against Satwant Singh. On issue No. 2 he held as follows :-

(3.) On the above findings the election of Satwant Singh, petitioner was set aside by the impugned order of the Ilaqa Magistrate dated 2nd April, 1964. By the same order the petitioner was held to be disqualified for appointment in public service.