SAWAN RAM Vs. GUMAN SINGH

JUDGEMENT

(1.) These three petitions, purporting to be under Articles 226 and 227 of the Constitution, arise out of the elections, from Sirmur district to Himachal Pradesh Territorial Council, which took place in May/June, 1957. The petitioners were candidates at the election, but were declared unsuccessful Subsequently, they filed election petitions under Section 13 of the Territorial Councils Act, 1956, challenging the election of the successful candidates, on various grounds. Preliminary objections were raised by the successful candidates (who figure as respondents here) disputing the competency of the election petitions. The learned District Judge of Sirmur, who was trying the election petitions, upheld two of the preliminary objections, raised by the respondents and dismissed the petitions holding that: (a) the etection petitions were time-barred and (b) the petitioners failed to comply with the requirements of Rule 78 of the Territorial Councils (Election of Members) Rules, 1957, and, therefore, the petitions were liable to dismissal under Rule 69 of the aforesaid Rules.

(2.) Hence, these petitions, which purport to be under Articles 226 and 227 of the Constitution.

(3.) Arguments of the learned counsel for the contesting parties were heard at considerable length on the 8th and 9th instant. In Civil Writ Petitions 6 and 7 of 1959, learned counsel for the petitioners confined his arguments to the findings of the District Judge on preliminary issues 2 arid 3 (Issues on the points of limitation and security deposit).