RAM SINGH Vs. BHUPINDER SINGH MALIK

JUDGEMENT

(1.) The election of the office of the Sarpanch Gram Panchayat of village Rajpura, tehsil Nabha, district Patiala, was held on 30.6.1972. Ram Singh petitioner and Sukhdev Singh respondent No. 3 contested that election. Ram Singh was declared elected as Sarpanch. Sukhdev Singh filed an election petition before respondent No. 1, the Prescribed Authority, under the Punjab Gram Panchayat Act, 1952 (Punjab Act No. IV of 1953) (hereinafter referred to as the Act) to hear the election petition. Respondent No. 1 on 28th August, 1975, accepted the election petition, set aside the election of the petitioner and declared Sukhdev Singh respondent No. 3 elected as Sarpanch. The relief given by the Prescribed Authority against issue No. 8, is relevant and is reproduced below :-

(2.) Ram Singh petitioner has filed this petition on the ground that the Prescribed Authority had no authority to declare respondent No. 3 as elected. According to the petitioner, it could not order a re-election under sections 13-N(1) and 13-O(2) of the Act. He, therefore, prayed for the issuance of a writ of certiorari for quashing the order of the Prescribed Authority dated 28.8.1975 declaring respondent No. 3 elected as Sarpanch. Sukhdev Singh respondent contested the petition and pleaded that his one vote was illegally rejected by the Presiding Officer and that toss was never held. He defended the observations of the Prescribed Authority declaring him elected.

(3.) The only question which requires determination in this petition is whether the Prescribed Authority under the Act could declare a candidate elected who has not been (may be due to any reason) declared elected at the time of election. Section 13-N(1) of the Act gives the scope of the enquiry to be made and orders to be passed by the Prescribed Authority called upon to decide an election petition arising out of the elections of the Gram Panchayat. Section 13-N(1) of the Act is as under :-