BHAJAN LAL Vs. M M KALIA

JUDGEMENT

(1.) The facts giving rise to the present writ petition under Article 226 of the Constitution of India filed by Bhajan Lal against Shri M.M. Kalia, Executive Magistrate, Brij Lal, Manphul and Hari Ram may briefly be noticed. The petitioners and respondents Nos. 2 to 4 are members of the Gram Sabha of village Khairpur, district Ferozepur. The election to the office of the Sarpanch of Gram Sabha if village khairpur was held on the 2nd of January, 1964. Respondents Nos. 3 and 4 filed their nomination papers but subsequently withdrew from the contest. The petitioner and respondent No. 2 only contested the election. The petitioner received 183 votes and respondent No. 2 only 182 votes as counted by the Returning Officer. Consequently the petitioner was declared as the elected Sarpanch of the said Gram Sabha. Thereupon the respondent (No. 2) file an election petitioner against the petitioner. It was tried by respondent No. 2, who by his order dated 4th January, 1967, set aside the election and declared respondent No. 2 to be rightly elected Sarpanch of Gram Sabha of village Khairpur (copy of his order is annexure 'B'). The petitioner alleged that the above order was illegal, arbitrary, capricious and without jurisdiction amongst others also on the grounds as follows :-