GURDIAL SINGH Vs. SUPERINTENDING CANAL OFFICER

JUDGEMENT

(1.) Nine members of Gram Sabha, Qadianwali, including the petitioner Hardev Singh and respondent No. 2 Kartar Singh, who contested for four seats of Panches, filed their nomination papers on 25.6.1972. These were scrutinised that very day and were found to be valid.

(2.) In the election contest between them on 26.6.1972, the petitioner polled the highest votes and respondent No. 2, Kartar Singh, came fifth and thus stood eliminated from being elected as one of the Panches. He challenged the election of petitioner through an election petition in the Court of Shri M.L. Gottra, Executive Magistrate First Class, the prescribed authority, Jullundur, on the ground that nomination papers of the petitioner were wrongly accepted, for the same were liable to be rejected under sub-section 5(1) of Section 6 of the Punjab Gram Panchayat Act, as the petitioner on the said date was the lessee of the Gram Panchayat-he having taken on lease land of the aforesaid Gram Panchayat vide lease-deed, Annexure P.2, which was executed on 6.7.1971 for period of one year.

(3.) The petitioner in his reply to the election petition took up the stand that since the lease of the land in question was for two crops-Kharif 1971 and Rabi 9172 - and the 'agricultural year; as defined under sub-section (17) of Section 4 of the Punjab Tenancy Act commenced on 16th day of June, so the lease period expired on 15th June, 1972.