CHUNI LAL Vs. ADDITIONAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) An election for the office of Pradhan Gram Panchayat Thana Khas was held in the year 1985. Respondent No. 2 Sahib Singh won the election by a margin of three votes. The petitioner Chuni Lai who had contested the election and was defeated by Sahib Singh by a margin of three votes, filed an election petition. The election petition was tried by the Addl. Deputy Commissioner, District Kangra, at Dharamsala and by an order dated 13 -6 -1988 he dismissed the election petition filed by petitioner Chuni Lal The petitioner aggrieved against the aforesaid order of the learned Addl. Deputy Commissioner has filed the present writ petition.

(2.) I have heard Mr. S. S. Kanwar for the petitioner and learned Advocate General for respondent No. 1 and Mr. Jishtu for respondent No. 2.

(3.) It has been contended by the learned Counsel for the petitioner that under section 186 of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter referred to as the Act), any dispute relating to election of Pradhan or Up -Pradhan of a Gram Panchayat had to be decided by the Deputy Commr. after taking such evidence as he may deem fit and such order was final. It has been contended that the Governor by order Annexure P -5 dated 12 -5 -1988 revoked the powers conferred on Addl. Deputy Commissioners and Addl. District Magistrates vide earlier notification No 7 -1/79 -Elec, dated 2 -2 -1979, 7 -5 -1979, 4 -11 -1985 and 28 -12 -1985 issued by the Election department under section 186 read with section 3 (1) of the Act in connection with the disputes relating to the election of Pradhan and Up -Pradhan of Gram Panchayat. Learned Counsel for the petitioner thus submitted that the Addl. Deputy Commissioner had no jurisdiction to pass any order after 12 -5 -1988 and the final order passed by him on 13 -6 -1988 is thus without jurisdiction. It was also contended by Mr. Kanwar that under section 3(1) (i) of the Act, no power could have been delegated to the Addl. Deputy Commissioner. In this regard, attention of the court has been drawn to section 3 (1) (i) which reads as under: - "3. (1) In this Act, unless the context otherwise requires : - (i) "Deputy Commissioner" means the Deputy Commissioner of a district and includes any officer specially appointed by the Government to perform the functions of a Deputy Commissioner under this Act: Provided that such officer shall not perform any function in respect of which the decision of the Deputy Commissioner under this Act is final."