TULA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE order dated 19.3.2013 passed by Deputy Commissioner, Shimla in Appeal No. 24 of 2012 affirming order dated 23.7.2012 passed by the Authorised Officer-cum-Sub Divisional Officer (Civil), Rampur Bushahr has been assailed under Articles 226 and 227 of the Constitution of India.

(2.) THE pleaded case of the petitioner is that he contested the election of Pradhan, Gram Panchayat, Badhal notified on 29.11.2010. The respondents No. 3 and 4 also contested the said election. The petitioner was elected as Pradhan, Gram Panchayat, Badhal. The respondent No.3 challenged the election of petitioner by Whether the reporters of the local papers may be allowed to see the Judgment? yes filing election petition under the Himachal Pradesh Panchayati Raj Act, 1994 (for short 'Act'). The petitioner moved an application under Section 164 (2) of the Act before the Authorised Officer-cum-Sub Divisional Officer (Civil), Rampur Bushahr on 16.5.2012 on the ground that the petition filed by respondent No.3 was not in consonance with the Act and more particularly Section 164 (2) of the Act.

(3.) THE Authorised Officer-cum-Sub Divisional Officer (Civil), Rampur Bushahr dismissed the application on 23.7.2012 on the ground that the application has been filed when the evidence of the parties is over. The petitioner filed an appeal before the Deputy Commissioner, Shimla against the order dated 23.7.2012, but that appeal has also been dismissed on 19.3.2013.