HARI CHAND KHIMTA Vs. KARAM CHAND

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution, the petitioner has challenged the order, D/ 31 12 1982, passed by the Deputy Commissioner, Simla, in election petition No. 33/3 of 1978.

(2.) AN election of the Pardhan to Gram Panchayat, Mandhol, District Simla, was held on 17 11 1978 under the provisions of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter called the Act). The petitioner and respondent 1 (Shri Karam Chand Azad) were contesting candidates for this election and the petitioner was declared elecled. Respondent 1 challenged the election by filing an election petition before the Deputy Commissioner, Simla, on various grounds and also alleged that the petitioner had committed corrupt practices.

(3.) NOW the petitioner alleges that the order of the Deputy Commissioner is based upon no evidence and even according to the pleadings of respondent 1 and the evidence of respondent 1, no corrupt practice is proved to have been committed. It is alleged that the order is not based on any legal evidence and the Deputy Commissioner has acted with material irregularity in the exercise of his jurisdiction.