TAPINDER SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the Petitioner challenging the order dated 9.5.2003 passed by Director. Urban Development, Himachal Pradesh in Election Appeal No. 1 of 2002 By means of impugned order, while allowing the appeal filed by Respondent No. 1 Jagir Singh, order passed by the Authorised Officer, i.e. S.D.O. (Civil), Paonta Sahib in Case No. 15/2001 on 13.7.2001, has been reversed.

(2.) With a view to properly appreciate and decide the controversy between the parties on the basis of respective submissions of learned Counsel for the parties, brief facts giving rise to this case need to be noted. These are as under.

(3.) Respondent No. 1 Jagir Singh and three others, i.e. Tapinder Singh, Raj Kumar and Smt. Gurjit Kaur contested election to become Member of Municipal Council from Ward No. 11, Paonta Sahib. Petitioner Tapinder Singh secured highest number of votes, i.e. 324 votes, Jagir Singh got 313 votes, Raj Kumar 159, Smt. Gurjit Kaur 251 and three votes were declared invalid. Petitioner was declared duly elected as Member of Municipal Council from the aforesaid ward.