LAWS(P&H)-1967-1-21

MOHINDER SINGH Vs. DEPUTY COMMISSIONER AND OTHERS

Decided On January 25, 1967
MOHINDER SINGH Appellant
V/S
Deputy Commissioner And Others Respondents

JUDGEMENT

(1.) The Deputy Commissioner, Sangrur (Prescribed Authority) under the provisions of Punjab Panchayat Samities and Zila Parishads Act, 1961, while accepting the election petition filed by Niranjan Singh, respondent No. 3, against the election of Mohinder Singh petitioner as Chairman of Panchayat Samiti, Sunam, passed the following order :-

(2.) Mohinder Singh in this petition under Article 226 and 227 of the Constitution of India has prayed for setting aside of the above order wholly and solely on the ground that the Prescribed Authority could have set aside this election and ordered a fresh election but was not competent to give any further direction to the District Development and Panchayat Officer, Sangrur, respondent No. 2, as he gave in the impugned order. In this connection his learned counsel relied on Pala Singh v. Nathi Singh and others,1962 PLR 1110, which support his view-point. The learned counsel for respondent No. 3, however, maintained that the impugned order meant a fresh election. I am not in agreement with him. What the Prescribed Authority meant was that respondent No. 2 should proceed to declare the result of the election already held after keeping in view that each of the two candidates had obtained 12 votes. This the law did not allow him to do as is clear from the provisions of Section 121 of the said Act. The impugned order is invalid to this extent only. The election of the petitioner was set aside all right by him and this part of his order will stand.

(3.) For the above reasons, the writ petition is allowed to the extent indicated above. The parties will bear their own costs.