KRISHAN LAL Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) With the appearance of Mr. Anil Sethi, Caveat shall stand discharged.

(2.) Writ petition, filed, by the appellant seeking quashment of order dated 23rd September, 2011 passed by the Additional Deputy Commissioner Jammu (Appel late Authority Under Panchayati Raj Act), and order dated 11th October, 2011 passed by respondent No. 2 (Returning Officer Election 2011 Panchayat Halqa Chandu Chak Tehsil R.S. Pura whereby the election certificate as Sarpanch favour ing the appellant, has been cancelled and Certificate of election as Sarpanch dated 11.10.2011 favouring respondent No. 4, has been issued, has been dismissed by learned Single Judge vide judgment dated 03.04.2013. Aggrieved thereof, the instant Letters Patent appeal has been filed.

(3.) Appellant and respondent Nos. 4 to 6 contested the election for the post of Sarpanch of Halqa Panchayat Chandu Chak. The polling and counting was held on 17th April, 2011. The appellant was declared elected. Certificate of election was issued in his favour by respondent No. 2 (Returning Officer). Respondent No. 4 (Bachan Lai) has filed the appeal before the Appellate Authority under Panchayati Raj Act (Additional District Development Commissioner, Jammu) as permissible under Section 43 of the Jammu and Kashmir Panchayati Raj Act, 1989, hereinafter for short referred to as "Act".