VIMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, a candidate for the office of Pradhan, Gram Panchayat Nanj, Tehsil Karsog, District Mandi has filed this writ petition challenging the validity and correctness of the order dated 5-8-1998 of Deputy Commissioner, Mandi-cum-Appellate Authority in appeal file No. 15/97 by which, order of the S.D.O(C)-cum-Authorised Officer, Ghumarwin was set aside and petitioner's election petition challenging the election of respondent No. 4 was dismissed.

(2.) The petitioner and respondent No. 4 contested for the office of Pradhan, Gram Panchayat Nanj in the year 1995. The votes had to be counted on 18-12-1995. Respondent No. 4 secured 350 valid votes whereas the petitioner secured 349 valid votes and respondent No. 4 was declared as elected for the office of the Pradhan by the returning Officer. This declaration of respondent No. 4 as Pradhan was challenged by means of election petition under Section 161 of the Himachal Pradesh Panchayati Raj Act, 1994 read with Rule 94 of the Himachal Pradesh Panchayati Raj (Election) Rules, 1994 (for brevity, hereinafter referred to as the 'Act' and 'Election Rules' respectively).

(3.) The S.D.O (C)-cum-Authorised Officer framed as many as 6 following issues :