HARNEK SINGH Vs. HOSHIAR SINGH AND OTHERS

JUDGEMENT

(1.) Hoshiar Singh son of Niranjan Singh was elected as Sarpanch of Gram Panchayat, Village Dolon Khurd on September 28, 1983. Out of the four contestants, two withdrew within the prescribed period, leaving the other two i.e. the present parties in the filed As a result of the poll that took place Hoshiar Singh secured 325 votes as against Harnek Singh who secured 135 votes and was thus declared elected Later this election was impugned by Harnek Singh through an election petition on the ground that at the time of filing the nomination papers and election Hoshiar Singh was a whole time salaried servant of the Municipal Corporation, Ludhiana, and was thus not qualified to be so elected in view of the provisions of Sec. 6(5), Clause (g) of the Punjab Gram Panchayat Act, 1952, (for short, the Act). As a result of the trial that following, the prescribed Authority i.e. the Executive Magistrate, Ludhiana, vide his order dated January 4, 1985, concluded the matter thus:

(2.) Hoshiar Singh preferred an appeal against this order to the District Judge, Ludhiana, contending therein that neither he was disqualified to be elected as a Sarpanch nor the Respondent i.e. Harnek Singh could be declared as elected as a result of his disqualification even if that was to be upheld. The learned District Judge vide his order dated February 4, 1985 while affirming the setting aside of Hoshiar Singh's election as Sarpanch also set aside the declaration qua Harnek Singh that he had been duly elected. He ordered a fresh election. This order of the District Judge is now impugned by both the parties i.e. Hoshiar Singh, who had been elected as Sarpanch and Harnek Singh the election -Petitioner. In view of the above stated facts, I find it convenient to dispose of both these petition Nos. 1252 and 1597 of 1985 through this common order.

(3.) Sec. 6 (5), Clause (g) of the Act which disqualifies a person from being a candidate or elected as a Sarpanch of the Gram Panchayat reads as under: