UDHO RAM Vs. BHOPINDER SINGH

JUDGEMENT

(1.) This writ petition under Articles 266/227 of the Constitution of India is directed against the order, dated December ; 0, 1986 passed by the Deputy Commissioner, Hamirpur (Respondent No. 5), Annexure P -A, whereby the election of the petitioner to the office of Pradhan of Gram Panchayat Dhanwan was set aside and Bhupinder Singh (Respondent No. 1) was declared as having been validly elected to the said office in his place.

(2.) The facts relevant for the disposal of this petition are that the election to the office of the Pradhan and Members of the Gram Panchayat, Dhanwan was held on September 23, 1985, wherein the petitioner and respondents No. 1, 2 and 3 were the contesting candidates for the office of Pradhan of the said Panchayat. The Assistant Returning Officer connected with the said election declared the result of the election of Pradhan on the same day which was as follows : - (a) Total votes polled : -802 (b) Votes, Udho Ram, petitioner polled : -322 (c) Votes, Bhupinder Singh, respondent No. 1 polted : -291 (d) Votes, Mohar Singh, respondent No. 2 polled : -140 (e) Votes, Munshi Ram, respondent No. 3 polled : - 42 (f) Invalid votes : - 7 In the result, the petitioner was declared as duly elected Pradhan of the said Panchayat by a margin of 31 votes. These results were published on September 30, 1985.

(3.) Respondent No. 1 then challenged this election by filing an election petition before respondent No. 5, under section 186 of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter referred to as "the Act"), vide Annexure Rl -A, on a number of grounds which, inter alia, were : (a) improper acceptance of nomination papers of the petitioner as he was disqualified from contesting the election ; (b) exercise of corrupt/practices by the petitioner by getting bogus votes polled in collusion with the election staff; (c) improper reception of invalid votes which materially affected the result of the election ; and (d) improper rejection of the request of respondent No. 1 by the Returning Officer for recounting of votes.