GOVIND RAM Vs. MEHAR CHAND

JUDGEMENT

(1.) THIS petition is directed against the order dated 29.1.2013 passed by the Deputy Commissioner, Mandi in file No. 11/2012 and order dated 24.7.2012 passed by the Authorized Officer -cum -Sub Divisional Officer (Civil), Sundernagar in case No. 1/2011. "Key facts" necessary for the adjudication of this petition are that respondent No. 1 filed election petition under Section 163 of the Himachal Pradesh Panchayati Raj Act, 1994 for setting aside the election of the Pradhan on the ground that his nomination was wrongly rejected by the A.R.O. However, his nomination paper was wrongly rejected by the Assistant Returning Officer on the ground that an FIR has been registered against him. According to him, mere registration of FIR against a candidate would not amount to disqualification and it is only when the Court takes cognizance, the nomination paper can be rejected. His further case is that on the date of scrutiny, i.e. 15.12.2010, the Court had not taken the cognizance and the charges were not framed against him, as such, the action was illegal.

(2.) RESPONDENT No. 1 has examined himself and AW -2, Megh Singh, Sub -Inspector office of the Block Development Officer. The petitioner examined four witnesses, namely, RW -1 Govind Ram petitioner himself, RW -2 Vishwa Nath, RW -3 Madhvender Sharma and RW -4 Piru Ram.

(3.) MR . R.K. Bawa, learned Senior Advocate has vehemently argued that the nomination paper of respondent No. 1 has rightly been rejected by the A.R.O. According to him, the Court has already taken the cognizance of the matter. He has also argued that respondent No. 1 has not signed each page of Annexure, as provided under Regulation 5(3).