DUNI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner was elected as Pradhan of the Gram Panchayat, Ghanala, Sub Tehsil Sandhol, District Mandi, H.P.. His election as Pradhan, Gram Panchayat, Ghanala was set aside by orders comprised in Annexure P-4 and Annexure P-6. The petitioner had filed nomination papers for contesting elections to the post of Pradhan, Gram Panchayat, Ghanala, on, 15.12.2010. At that stage, respondent No.4 had filed a objection with the Assistant Returning Officer (Election) divulging therein that with the existence of an ejectment order from government land, rendered against the petitioner, by the Assistant Collector, 2nd Grade, Sandhol, hence, his nomination papers, be rejected. However, the above objection raised, to the vitiation of the nomination papers filed by the petitioner comprised, in, the fact of his being an encroacher at that time, came to be overlooked by the Assistant Returning Officer. On 1.1.2011, the petitioner was elected as Pradhan of the Gram Panchayat. An election petition was filed by respondent No.4 challenging the election of the petitioner. The challenge was laid under Section 122(1)(c) and 175 of the Himachal Pradesh Panchayati Raj Act, 1994 (herein-after referred to as 'the Act'). The election petition is annexed as Annexure P-1. The ejectment order from government land, as rendered by the Assistant Collector 2nd Grade, Sandhol, in Missal No.6, is on dated 12.4.2010, whose rendition at the stage of filing of the nomination papers, by the petitioner, rendered him disqualified under Section 122(1)(c) of the Act, to contest election, was challenged by the petitioner before the Sub Divisional Officer (Civil), Sarkaghat, District Mandi. The latter officer, before whom the petitioner had challenged the order of his eviction/ejectment from government land, came to accept the appeal on 30.7.2011 preferred by the petitioner against the impugned order of ejectment. Besides, during the pendency of the appeal aforesaid preferred by the petitioner against the order of his ejectment from government land as rendered by Assistant Collector 2nd Grade, Sandhol, the Sub Divisional Officer (Civil ) Sarkaghat, District Mandi, also on 20.12.2010 is orally submitted to have stayed the operation of order of his ejectment from government land. The election petition as instituted before the Sub Divisional Officer, Sarkaghat by respondent No.4, against the petitioner, sequeled an adverse decision to the petitioner, in as much, as, the election petition came to be accepted and the election of the petitioner as Pradhan of Gram Panchayat, Ghanala, was set aside under orders comprised in Annexure P-4. The petitioner, subsequently instituted an appeal before the Appellate Authority. The Appellate Authority came to under order, Annexure P-6, dismiss the appeal preferred by the petitioner against the orders rendered by the Sub Divisional Officer (Civil), Sarkagha. Hence, affirmed the orders of the Sub Divisional Officer, Sarkghat allowing the election petition filed by respondent No.4, challenging the election of the petitioner to the post of Pradhan, Gram Panchayat Ghanala. Resultantly, the petitioner has filed the instant petition before this Court, wherein, he has prayed that the impugned orders comprised in Annexures P-4 and P-6 be set aside.

(2.) The respondents have filed a reply to the petition wherein they have unequivocally and categorically contended that the impugned orders rendered by the Sub Divisional Officer (Civil), Sarkaghat and Deputy Commissioner, Mandi comprised in Annexures P-4, dated 4.9.2012, and P-6, dated 25.06.2013, do not merit interference, as, they are based on a proper evaluation and appreciation of the facts as also on an appropriate application of law.

(3.) In short, it is contended in the reply of the respondents that the petitioner was initially barred from contesting the elections as at the relevant stage he was declared as an encroacher on government land, comprised, in, the fact of his being ordered to be ejected from government land by the Assistant Collector 2nd Grade, Sandhol, under orders rendered, on, 12.4.2010. Hence, it is contended that at the time of the petitioner filing his nomination paper for election for the post of Pradhan, Gram Panchayat, Ghanala, he attracted the statutory bar envisaged, under the provisions of Section 122(1)(c) and 175 of the Act. Consequently, the effect of acceptance of appeal, on, 30.7.2011 by the Sub Divisional Officer (Civil), Sarkaghat, against the orders of the eviction/ejectment from government land, on, 12.4.2010, is inconsequential, and would not render the election of the petitioner to the post of Pradhan, Gram Panchayat, Ghanala, previously held on 1.1.2011 to be validated, as, the reckonable material date, for, determining the eligibility of the petitioner, to, contest the elections was on the date of filing of the nomination papers, on which date there existed an order of eviction/ejectment of the petitioner, from government land. Besides this, it is contended, in, denial to the averments of the petitioner that the election petition being, in, absolute nonconformity with the mandate of Section 164 of the Act, in as much as, in violation to the mandate enshrined therein, of the election petition being signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for verification of the pleadings, as also, schedule or annexures to the petition being, also signed by the petitioner and verified in the same manner as the petition. Therefore, the petitioner having omitted to comply with the mandate of statute, as such, the election petition was not maintainable, it has been replied by the respondents that there was compliance at the instance of respondent No.4 with the mandate of the aforesaid provisions of Section 164 of the Act. As such, it is contended that the election petition preferred by respondent No.4, challenging the election of the petitioner being in order, did not necessitate its being dismissed, as envisaged under Section 165 of the Act.