BIHARI LAL Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against the order of R.S. Sarkaria, J., dated 20th February, 1968, accepting the writ petition of Nanak Singh and Harbans Lal (Petitioners in the writ petition) who had questioned the election of Bihari Lal, from the reserved seat of double -member ward No. 38 of the Municipal Committee, Amritsar.

(2.) UNDER Rule 3 of the Municipal Election Rules, 1952, the Deputy Commissioner, Amritsar, framed and published a programme for election to the Municipal Committee, Amritsar, specifying August 25, 1967, as the last date for filing nomination papers, September 2, 1967 as the date for holding scrutiny of the nomination papers and October 2, 1967, as the date of the poll. The revisions, if any, against the orders of scrutiny of the nomination papers were decided by the Deputy Commissioner, on 8th September, 1967, and the last date for withdrawal of the nominations was 11th September, 1967. Nanak Singh Harbans Lal and Bihari Lal filed nomination papers for election from the Reserved seat of ward No. 38 before the Returning Officer, Shri P.L. Kapur, on 25th August, 1967. The nomination papers of Nanak Singh and Harbans Lal (Petitioners in the writ petition) were not accompanied by the requisite declaration verified by the competent authority that the candidates were members of the Scheduled Castes. The nomination paper of Nanak Singh was accompanied by a certificate of the Sub -Divisional Officer (Civil), Amritsar, reading as under:

(3.) A similar certificate accompanied the nomination paper of Shri Harbans Lal. The nomination paper of Bihari Lal contained the declaration that he belonged to the Megh community which has been recognised by the Punjab Government as a Scheduled Caste but this declaration of his was not verified by any of the prescribed authorities. His nomination paper was accompanied by a certificate of Sub -Divisional Officer (Civil), Amritsar, reading as under: