RAJINDER SINGH Vs. MANGE RAM AND ORS.

JUDGEMENT

(1.) THE matter raised in this petition under articles 226 and 227 of the Constitution of India concerns the election by members of the Panchayat Samiti, Ganaur Block, to the offices of Chairman, Vice -Chairman and two members of the Zila Parishad, Rohtak. In the election, which was held on 16th of February, 1965, Rajinder Singh (hereinafter called the Petitioner) was elected Chairman, Dalip Singh (the second Respondent) Vice -Chairman, and Partap Singh and Khubi (Respondents 3 and 4), Members of the Zila Parishad, Rohtak. Against this election, a petition was preferred by Mange Ram (the 1st Respondent), who was a candidate for the election of Chairman. In the election petition of Respondent 1 under Section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, (hereinafter called the Act), an objection was raised by the persons elected to these offices that three separate elections could not be challenged by a single petition and the deposit of Rs. 200, which was sufficient for one single petition being inadequate, the petition ought to be dismissed.

(2.) UNDER Sub -section (1) of Section 121 of the Act, "any person who is a voter for the election of a Member may, on furnishing the prescribed security and on such other conditions, as may be prescribed...present...an election petition in writing against the election of any person as a Member Vice -Chairman or Chairman of the Panchayat Samiti or Zila Parishad concerned". It is not disputed that the 1st Respondent was a voter for the election and was competent to bring the election petition. The single issue framed by the prescribed authority is to this effect:

(3.) MR . Sachar for the Petitioner in support of his argument, that the election petition should have been dismissed as incompetent, has relied on the various provisions of the rules relating to elections. He has rightly laid emphasis that there are separate sets of rules concerning the election of Chairman and Vice -Chairman on the one hand and Members of the Zila Parishad on the other. Constitution of Panchayat Samitis is the subject -matter of Section 5 of the Act. In its constitution a Panchayat Samiti consists of a variety of Members. In the case of a Panchayat Samiti of a Block, with which we are concerned, it consists, according to Sub -section (2) of Section 5, firstly of primary Members - -16 to be elected by the Panches and Surpanches of Gram Panchayats, two by Members of Co -operative Societies and one by the producer members of the Market Committees. The second category of Members of a Panchayat Samiti of a Block consists of Associate Members under Clause (b) of Sub -section (2) of Section 5, and every Member of the Punjab Legislative Assembly representing the constituency of which the block forms part is such an Associate Members and also such Member or Members of the Punjab Legislative Council as the Government may, by order, specify. The election petition Rules in Appendix No. 6 to the Act are described as Punjab Panchayat Samitis and Zila Parishads (Election Petition Rules), 1961. Appendix No. 3, relates to Punjab Panchayat Samitis and Zila Parishads Chairman and Vice -Chairman (Election) Rules, 1961, while Appendix No. 2 is concerned with the Punjab Zila Parishad Election Rules, 1961. The members, who are elected by the Panchayat Samitis Blocks to the Zila Parishad, are governed by Appendix No. 2, while the election of Chairman and Vice -Chairman is dealt with under Appendix No. 3.