NASIB SINGH Vs. J.S. PURI AND ORS.

JUDGEMENT

(1.) THE Petitioner is a member of the Gram Sabha of Sabha Area, Mundian Kalan, police -station Saddar, tehsil and district Ludhiana. The election to the office of Chairman, Gram Sabha of Mundian Kalan was held on 1st and 2nd January, 1964. The nomination papers were filed on 1st January, 1964 and the poll was taken on 2nd January, 1964 on which date the result was also announced. The Petitioner and Respondents 2 to 4 were the candidates for the election to the said office. The nomination paper of Shri Inder Singh, Respondent 4, was rejected and the nomination papers of the Petitioner and Respondents 2 and 3 were accepted. The Petitioner and Respondents 2 and 3 contested the election. Respondent 2 secured 284 votes and was declared elected to the said office while the Petitioner and Shri Bhagwan Singh, Respondent 3, secured 246 and 155 votes, respectively, and were defeated. The Petitioner filed an election petition which was dismissed by Shri, J.S. Puri, Illaqa Magistrate, on 4th July, 1964. A copy of that order is Annexure 'A' to the writ petition. The Petitioner has filed the present writ petition to have that order quashed and to declare the election of Kalu, Respondent as void and to quash the same.

(2.) THE main point argued by the learned Counsel for the Petitioner is that the nomination papers of Respondents 2 and 3 were improperly accepted inasmuch as the nomination papers were not accompanied by the receipt of security deposited and, therefore, the provisions of Rules 6 and 7 of the Gram Panchayat Election Rules, 1960 were not complied with. Rules 6 and 7 are as under:

(3.) THE result is that the petition is allowed with costs and the election of Respondent 2 is set aside. Counsel's fee Rs. 100.