MOJI Vs. SURAJ MAL AND ANR.

JUDGEMENT

(1.) MOJI Petitioner is impugning in this writ petition the order of Respondent No. 2, Shri S.L. Dhani, Prescribed Authority for Panchayat Elections, Gohana, District Rohtak, dated September 23, 1965 setting aside the Petitioner 's election as a Panch to the Gram Panchayat of Bidhal within that tehsil and district on the solitary ground that he had admittedly employed one Balbir Singh Malik, an employee of the Municipal Corporation of Delhi, as his counting agent at the election held on December 27, 1963. The election petition, dated January 23, 1964 (copy annexure 'A ') had been filed by Suraj Mal, Respondent No. 1 framed as many as seven issues out of which issue No. 4 framed as many as seven issues out of which issue No. 4 reading as follows is the only relevant one for the purpose of this ease:

(2.) THERE is, therefore, no doubt that if the Petitioner is proved to have obtained or attempted to obtain any assistance for the furtherance of the prospects of his election from B.S. Malik, who was admittedly an employee of a local authority (the Municipal Corporation of Delhi) the Petitioner's election was liable to be set aside under Section 13 -0(1)(b) of the Act.

(3.) THAT case related to the committing of a corrupt practice defined in Section 123(7) of the Representation of the People Act, 1951. The corrupt practice in question as defined in that provision is in the following terms: - -