MOHINDER SINGH Vs. RAMESH SAWANT

JUDGEMENT

(1.) THE petitioner by means of this writ petition has challenged the order of the Appellate Authority (Deputy Commissioner, Shimla) whereby he has upheld the decision of the Authorised Officer {Sub Divisional Officer (Civil) }, Theog, who has rejected the election petition filed by the petitioner under Section 163 of the Panchayati Raj Act, 1994 (hereinafter referred to as the Act).

(2.) BRIEFLY stated the facts of the case are that the petitioner had contested the elections to the post of Pradhan, Gram Panchayat Grawag which were held on 20.12.2005. The nomination papers were to be filed between Ist December, 2005 and 3rd December, 2005. The elections were contested by four persons, i.e. the petitioner, respondent No.1 Ramesh Sawant, respondent No.2 Liaq Ram and respondent No.3, Sham Sukh. One of the main grounds taken in the election petition was that respondent No. 3 had encroached upon the government land and was, therefore, not eligible to contest the elections in terms of the disqualifications in Section 122 (1) (c) of the Act. According to the petitioner the nomination papers of respondent No. 3 had wrongly been accepted and this has affected the result of the elections. The other ground raised in the petition was that the person elected, i.e. respondent No.1, was an accused in an FIR No. 21 of 2001 and was not eligible to contest the elections. Some other points were also raised, but those are not relevant for the decision of this writ petition.

(3.) AS far as the objection in respect of respondent No. 1 is concerned, the Authorised Officer came to the conclusion that even if it be accepted that an FIR has been registered against him, or that he was a party respondent in any writ petition, this did not debar him from contesting the elections.