FATEH CHAND Vs. AJIT RAM DARSHI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India and is directed against the order of the Presiding Officer Ajit Ram Darshi, Magistrate, 1st Class, kulu, who refused to set aside the election of Moti Ram, Sarpanch, in an election petition filed by Fateh Chand.

(2.) THE election of Gram Sabha Barshaini, Tehsil and District Kulu was to be held on 8th of January 1964. Fateh Chand and Moti Ram contested the election. Moti ram was declared elected Sarpanch with a margin of two votes. An election petition was filed by Fateh Chand under the provision of the Gram Panchayat Act 1952 as amended by Gram Panchayat (Amendment) Act 26 of 1962 challenging the election of Moti Ram as Sarpanch. The principal ground raised in the election petition was that the copies of the electoral rolls did not contain the names of the voters from serial Nos. 702 to 770 and at No. 1686, in all 70 persons, and that when these persons went to cast their votes on the day of election they were not allowed to do so by the Presiding Officer. The second attack was that the voters were made to wait till 4 P. M. and were not allowed to cast their votes by the presiding Officer.

(3.) THE Tribunal has considered both these allegations and has come to the conclusion that none of the voters at serial Nos. 702 to 770 came to vote at the election or that their votes were illegally rejected. According to the Presiding officer, only those persons could be permitted to vote whose names figured in the voters' list With regard to the other matter, i. e. , that the voters were kept on waiting fill 4 P. M. and were not allowed to cast their votes the Presiding Officer has stated that the polling started at 8 A. M. and continued up-till 4 P. M. The tribunal has found that no persons who were entered in the voters' list were prevented from voting. It has also been found as a fact that the voters at serial nos. 702 to 770 were not present at the polling station and out or these only voters at serial Nos. 702, 709, 731, 744, 745, 751, 755 760 and 761 are recorded in the correction slip. The other voters from serial Nos. 702 to 770 do not find mention in the voters' list There is no evidence on the record that any person whose name has been entered in the voters' list was stopped from voting.