GOKAL CHAND Vs. STATE OF HIMACHAL PRADESH ETC.

JUDGEMENT

(1.) Shri Gokal Chand has by this petition under Articles 226 and 227 of the Constitution of India challenged the order of Respondent No. 2, dated the 5th July, 1974, (Annexure J), order dated 2nd July, 1974, enclosed to Annexure F, order dated 4th July, 1974, (Annexure H) as also the order dated 6th July, 1974, regarding rejection of nomination paper of the Petitioner forming part of Annexure K.

(2.) The facts are that the Petitioner is a resident of Syri in Tehsil Kandaghat, which before the 1 st of November, 1966, was a part of the erstwhile State of Punjab. Gram Panchayat Syri as also the Panchayat Samiti Kandaghat had been established under the Punjab Gram Panchayat Act, 1952 and the Punjab Samitis Act. Before the re -organisation of the Punjab State elections were held for Gram Panchayat Syri and Panchayat Samiti Kandaghat in the year 1964. The Petitioner was elected as a Sarpanch and was also elected as Chairman of the Panchayat Samiti Kandaghat. This Panchayat and the Samiti continued to function till October or November, 1972, and the Petitioner, therefore, also continued to be the Sarpanch of Gram Panchayat Syri as also the Chairman of the Panchayat Samiti Kandaghat.

(3.) The Government of Himachal Pradesh passed the Himachal Pradesh Panchayati Raj Act (Act No. 19 of 1970) and elections held under the Punjab Act were treated to be the elections or acts under the Himachal Pradesh Panchayati Raj Act. It is submitted that on 25th May, 1971 an order came to be passed in exercise of the powers under Ss. 54 and 153 of the Himachal Pradesh Panchayati Raj Act, 1968 (Act No. 19 of 1970) (shortly called the Act of 1968) suspending the Petitioner and ordering an enquiry against him for not exhibiting good conduct in the discharge of his duties. He challenged this order by a C.W.P. 87 of 1971, which was dismissed on 3rd August, 1972, and a L.P.A. is now pending before this Court.