RAMESH KUMAR Vs. RAJESH KUMAR AND ORS.

JUDGEMENT

(1.) Elections for the post of Pradhan, Gram Panchayat, Kawari were held on 30.12.2010. Petitioner was declared elected. The election of the petitioner was assailed by respondent No.1 by way of Election Petition under section 113 of the H.P. Panchayati Raj Act (hereinafter referred to as the "Act" for brevity sake) on the ground that the petitioner has not obtained "no objection certificate" from the office of Block Development Officer, Nagrota Bagwan at the time of contesting the election of Pradhan, Gram Panchayat, Kawari. The Election Petition was instituted on 7.2.2011. The reply was filed by the petitioner to the Election Petition vide Annexure P-2. According to the averments made in the reply, petition was not maintainable in the present form and respondent No.1 had no locus standi to file the petition.

(2.) The Sub Divisional Officer (Civil), Kangra allowed the Election Petition No. 2 of 2011 on 30.9.2013. Petitioner feeling aggrieved, assailed order dated 30.9.2013 before the Deputy Commissioner, Kangra at Dharamshala by way of case No. 7/2013. He dismissed the same on 11.4.2014. Hence, the present petition.

(3.) Mr. Gaurav Gautam, learned counsel for the petitioner, has vehemently argued that, Election Petition preferred by respondent No.1 assailing his client's election to the post of Pradhan, Gram Panchayat, Kawari was barred by limitation. He has also contended that the inquiry against his client has not been completed and thus the findings given by the Sub Divisional Officer (Civil), Kangra as well as the Deputy Commissioner, Kangra at Dharamshala are contrary to record.