RAM PADARATH SINGH Vs. BAIDYANATH PRASAD

JUDGEMENT

(1.) This application by Ram Padarath Singh the sole petitioner, under Articles 226 and 227 of the Constitution of India, is directed against the order of the Election Tribunal, dated the 10th October, 1972. setting aside the election of the petitioner as Mukhiya of Khartari Gram Panchayat under Chiraiya Anchal in the district of Champaran.

(2.) In order to appreciate the point involved in this application it will be necessary to state briefly the facts. The election of the said Panchayat was held on the 29th April. 1970. and the petitioner was elected as Mukhiya defeating Baidyanath Prasad. respondent No. 1, by a margin of 223 votes, the latter be-ins the only other candidate for the office of the Mukhiya. Dissatisfied with the result of the election respondent No. 1 filed an election petition before the Election Tribunal (Respondent No. 21 for setting aside election of the petitioner on various allegations mentioned in the election petition. One of the allegations was :

(3.) The petitioner, who was respondent No. 1 in the court below, filed his written statement denying those allegations. The Election Officer also on his part submitted parawise report regarding those allegations.