KANSHI RAM Vs. SIRI RAM

JUDGEMENT

(1.) The salient facts of this writ petition are that the election petition filed by Siri Ram challenging the election of Kanshi Ram to the office of Sarpanch of the Gram Panchayat of village Badhawana, was allowed by the prescribed authority and under S. 13-OO of the Punjab Gram Panchayat Act, Siri Ram was declared as duly elected Sarpanch. The appeal of Kanshi Ram, instituted under Section 13-V of the Act, has been dismissed by the District Judge. Bhiwani, on the ground that the impugned order was not appealable. Feeling aggrieved, Kanshi Ram has preferred this writ petition.

(2.) Now the relevant part of S. 13-N(1) of the Act lays down:--

(3.) Then Section.13-OOof.the Act provides that a petitioner may addition to claiming a declaration that the election of any of the returned candidates is void, claim a declaration that he himself has been duly elected. Subsection (2) of Section 13-OO of the Act further provides that the prescribed authority shall after declaring election of the returned candidate to be void, declare the petitioner to have been duly elected. The next prevision of the Act deserving consideration is of Section 13-V which reads:-- "(1) any party aggrieved by an order made by the prescribed authority under Section 13-N may appeal to the Court of the District Judge within thirty days of the date of such order. ........................................................................................................ .