RAGHBIR Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Elections to the Gram Panchayat of village Dobh, tehsil and district Rohtak, were held on 27.6.1983. The petitioner along with respondents Nos. 3 to 5 filed his nomination papers for contesting the election to the office of Sarpanch. Their nomination papers were accepted. According to the result declared, the number of votes secured by each of these candidates were-

(2.) Respondent No.3 challenged the election of the petitioner by filing an election petition before the Prescribed Authority under the provisions of the Punjab Gram Panchayat Act, 1952 (hereinafter called 'the Act'), as applicable to the State of Haryana, on the ground, inter alia, that the nomination papers of Ved Paul respondent No. 5 were wrongly accepted as he was below the prescribed minimum age of 25 years on 26.6. 1983 and was thus not qualified to contest the election.

(3.) The Prescribed Authority respondent No. 2 allowed the election petition vide order dated 9.12.1985 Annexure P. 1 holding that Ved Paul respondent No. 5 was not qualified to contest the election being less than 25 years of age on the material date and that by the wrongful acceptance of his nomination papers the result of the election in so far as it concerned the petitioner has been materially affected. The election of the petitioner was dismissed by the learned Additional District Judge (III), Rohtak, respondent No. 1, who was vested with the power of Appellate Authority under the Act, vide his judgment dated 13.3.1986 Annexure P. 2. The petitioner has through the present petition prayed for quashing the impugned order Annexures P. 1 and P. 2 respectively, inter alia, on the ground that respondents Nos 1 and 2 have not on the basis of the evidence on the record reached at a finding that the result of the election in so far as it concerned the petitioner has been materially affected. He has contended that the said respondents have set aside the election on the basis of conjectures and surmises, which cannot be sustained in the eyes of law.