BHAJAN SINGH Vs. SAT PAL

JUDGEMENT

(1.) THIS case relates to lambardari of village Salempuri, Tehsil Tohana, Distt. Hisar which all along has been quite hotly contested. The post fell vacant in 5/90. Applications were invited from the interested candidates up to 5.1.93. The matter was considered in detail by the Tehsildar and the SDO(C) and they made their recommendations in the years 1993 and 1994. After considering various aspects of the matter, the Deputy Commissioner appointed Bhajan Singh as the Lambardar of the village vide orders dated 6.2.96. Four appeals against this appointment were filed before the Commissioner, Hisar Division by Satpal, Gokal Chand, Dinesh Kumar and Chanchal Singh. The Commissioner through orders dated 3.12.96 remanded the case back to the Collector for a fresh hearing. Now this revision petition against the order of the Commissioner has been filed by Bhajan Singh.

(2.) I have considered the facts of the case and heard the counsel for the parties. While remanding the case back to the Collector, the Commissioner had observed that some aspects of the case had not been adequately considered by the Collector, namely, the actual residence of Bhajan Singh, the allegation that Chanchal Singh was an Arhtia and the entry of Bhajan Singh's name in the voters list in the 2 villages at the same time. It was also mentioned that the Collector could not have gone on the basis of the Patwari's report about Chanchal Singh's lack of cooperation in Government work.

(3.) IN a case where there are many contesting candidates, the best that the Collector can do is to broadly assess merits etc. of the various candidates and select the best candidate. Having considered facts of the case in detail, I feel that the Collector did exercise his judgment correctly. I, therefore, uphold the choice of the Collector and set aside the orders of the Commissioner Hisar Division dated 5.11.96. Appeal accepted.