BHIKAM RAM Vs. THE STATE OF H.P.

JUDGEMENT

(1.) Sbri Bhikam Ram petitioner and Shri Reta Ram respondent No 3 contested election of Pradhan of Gram Sabha, Shakra alongwitb one Shri Ramesh Chand respondent No. 4, This election was held on 31 -12 -1991 and in that election, Shri Reta Ram was elected as President, Gram Panchayat, Shakra

(2.) Shri Bhikam Ram preferred an election petition on 24 -1 -1992, assailing the election of the President on various grounds ; the main being, that this Reta Ram indulged in corrupt practices and got cast some votes of those persons who were either out of station or actually did not cast their votes and since there were shortage of copies of electoral roll, - the agent of the petitioner could not challenge the identity of the persons who infact cast the proxy votes It was further pleaded that this respondent Reta Ram was very much instrumental in getting proxy votes of the persons referred in the petition, which votes have been cast in his favour. According to Shri Bhikam Ram, had these votes not been cast, the petitioner could easily win the election of the Pradhan of Gram sabha, Shakra. It was prayed that election for the office of Pradhan, Gram Sabha Shakra may kindly be set aside and respondent No. 1, who had indulged in corrupt practices, may also be awarded punishment as was provided under the rules.

(3.) This petition was contested by Shri Reta Ram and in the reply submitted by him, he denied all the allegations made in the petition. Sub -Divisional Magistrate (Civil), before whom the election petition was filed, framed two issues on the basis of the pleas tendered by the parties, which were as under: