MOHAN LAL CHAUHAN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE facts, which have emerged in this case, reveal a very sorry state of affairs regarding the manner in which Administrative Officers conduct themselves while discharging judicial functions.

(2.) THE petitioner before this Court had challenged the election of respondent No. 2 to the post of Pradhan, Gram Panchayat Bag (Domehar), Tehsil Kotkhai, District Shimla, H.P. This Election Petition was filed before the S.D.O. (Civil), Theog, who was the competent authority under the H.P. Panchayati Raj Act, hereinafter referred to as the Act. During the pendency of the proceedings, the respondent No. 2 filed an application under Section 165 of the Code of Civil Procedure. This application was allowed and thereafter, the respondent No. 2 filed an appeal before respondent No. 1. Respondent No. 1 stayed the proceedings before the competent authority. The present petitioner challenged the order passed by respondent No. 1 in CMPMO No. 146 of 2006 before this Court and thereafter, the respondent No. 1 vacated the stay order on 12.6.2006.

(3.) ACCORDING to the petitioner, he thereafter approached respondent No. 1 that the appeal as per the provisions of Section 181 of the Act has to be decided within 90 days, but the matter was being unduly delayed. When no heed was paid, the petitioner filed the present writ petition on 25.4.2007. This matter came up before us on 8.5.2007 when we passed the following order: The grievance of the petitioner in the present writ petition is that the election of Shri Devinder Singh was set aside by the Authorised Officer under the Panchayat Raj Act. Against the said order, Devinder Singh filed an appeal before the Deputy Commissioner, Shimla. Arguments in this appeal were heard on 15.1.2007 but no order has been announced till date. Keeping in view the allegations made in the petition, we direct that the respondent No. 3 shall file his personal affidavit as to why the decision has not been taken till now in the matter and shall also produce the entire records of the case. He shall also appear in person on 10.5.2007.