BALA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside election of Smt. Asha Chauhan, respondent No. 5. herein, as Pradhan of Gram Panchayat, Gaich (Kohbag), Tehsil and District Shimla, held on December, 13, 2000, being illegal and violative of Section 122 of the Himachal Pradesh Panchayati Raj Act, 1994, (hereinafter referred to as "the Act") and by directing respondents No. 1 to 4 to immediately suspend her as a Pradhan of the Gram Panchayat, under Section 145 of the Act. Other prayers were also made.

(2.) The case of the petitioner in the petition is that he is resident of Gawahi Kalan -Kharaun in Tehsil and District Shimla, H.P within the jurisdiction of Gram Panchayat, Gaich (Kohbag). The petitioner has approached this court by filing this petition under Article 226 of the Constitution of India. It is the case of the petitioner that on 3rd February, 1997, FIR 27 of 1997 was registered at Police Station, Boileauganj, under Section 302 read with Sections 147, 148, 149 and 342 I.P.C. in which the name of respondent No. 5 herein has also been shown as one of the accused. On 5th January, 1999, a charge was framed for those offences and respondent No. 5 is also one of the accused. On 13th December, 2000, respondent No. 5 was elected as Pradhan of Gram Panchayat, Gaich. On 26th December, 2000, the petitioner submitted an application to the Director of Rural Development and Panchayati Raj -respondent No. 2 and Deputy Commissioner, District Shimla, respondent No. 3 not to administer oath of Pradhan to respondent No. 5 and requested them to take appropriate action against her in accordance with the Act, since she was involved in offences punishable under Section 302 and other Sections of the I.P.C. Since no action was taken, the petitioner was constrained to approach this court by filing the present writ petition.

(3.) On 21st June, 2000, we had issued notice as to admission as well as final hearing, returnable after ten days since a question of suspension of respondent No. 5 in public interest was raised by the petitioner. In pursuance of the notice issued by this court, respondents appeared. Affidavit -in -reply is filed by the authorities as well as by the contesting respondent No. 5.