DHARAM SINGH Vs. STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India the election of Mangal Singh, respondent No. 4 as member of the Panchayat Samiti, Dharamkot has been challenged on the ground that there were 3 Market Committees functioning within the jurisdiction of Panchayat Samiti, Dharamkot, and therefore, all the 27 members of the said Committees, instead of only 12 members thereof, who were actually residing within the area of this Panchayat Samiti, should have elected him under the provision of section 5(2)(a)(iii) of the Punjab Panchayat Samitis, and Zilla Parishads Act, 1961, which is in the following terms: - -

(2.) FOR the reasons mentioned above, I allow this petition with costs to be paid by respondent No. 4, set aside the election of respondent No. 4 and hold that he would be deemed not to have been elected as a member of the Panchayat Samiti. However, it shall be open to the authorities concerned to re -elect a member representing the Market Committees in accordance with law, counsel's fee Rs. 100/ -.