DES RAJ Vs. N K JAIN

JUDGEMENT

(1.) The election of Des Raj, petitioner as Chairman of the Gram Sabha, Rajasansi, Tehsil Ajnala, District Amritsar was questioned on 1st February, 1964 by Mehnga Ram, respondent No. 2 in an election petition filed under Section 13(b) and (c) of Punjab Gram Panchayat Act, 1952, as amended by Punjab Act 26 of 1962. Various grounds for setting aside the election were taken up in the election petition by Mehnga Ram. We are concerned with two out of those grounds in this case. The first relevant ground was about the nomination papers of Dharam Singh, respondent No. 5 having been improperly rejected by the Returning Officer. The second ground, which has been touched upon in the impugned order related to the allegation that Ram Chand, PW-4, who was a government servant, had canvassed for Des Raj petitioner in the election in question. The election petition was tried by Shri N.K. Jain, respondent No. 1 who was a competent Illaqa Magistrate. From the pleadings of the parties he framed as many as five issues in the course of the trial of the petition. Issue Nos. 1 and 3 arise out of the above-said pleas and were in the following words :-

(2.) The ground on which the nomination papers of Dharam Singh, respondent No. 5 had been rejected by the Returning Officer was that he was in possession of certain land which vested in the Gram Panchayat and was in arrears of rent due to the Gram Panchayat. Giving a finding on issue No. 5 the Tribunal in the operative part of his order stated as follows :-

(3.) Regarding Issue No. 3 the Illaqa Magistrate expressed no definite opinion that the corrupt practices as alleged in issue No. 3 had been proved, but then made it clear that he was not setting aside the election on this issue, in the following words :-