SANT RAM Vs. DEPUTY COMMISSIONER SOLAN AND ORS

JUDGEMENT

(1.) There is a Gram Sabha known as Anji Sunchra in Tehsil Kandaghat. The Petitioner was resident of the Gram Panchayat. As the term of the members of the Gram Panchayat was expiring elections were held on October 28 and 29, 1972, and the Petitioner and Respondents Nos. 3 to 12 were elected. Pursuant to Rule 46 of the Himachal Pradesh Gram Panchayat Election Rules, 1972, the Deputy Commissioner, Solan, called a meeting of the elected members on December 16, 1972, for the purpose of administering oath to them as required under Section 10(1) of the Himachal Pradesh Panchayati Raj Act, 1968. Some of the members, including the Petitioner, did not attend the meeting. The Deputy Commissioner administered oath to the six members who were present. The total membership was eleven at the time. Immediately thereafter, pursuant to Rule 47, the election of the Pradhan and Up-Pradhan was held. Shri Anokhi Ram, Respondent No. 8, was elected Pradhan and Shri Parma Nand, Respondent No. 3, was elected Up-Pradhan.

(2.) The Petitioner filed a petition challenging the election of the Respondent Nos. 8 and 3 as Pradhan and Up-Pradhan respectively, and the Deputy Commissioner, acting under Section 186 of the Act, decided the petition. By his order dated June 2, 1973, he held the election of the said Respondents valid and dismissed the petition.

(3.) By this petition under Article 226 of the Constitution, the Petitioner prays for quashing of the election of Respondents Nos. 3 and 8 as Up-Pradhan and Pradhan respectively and of the order dated June 2, 1973, dismissing his election petition.