NARANA RAM Vs. MUNSIF AND JUDICIAL MAGISTRATE JHUNJHUNU

JUDGEMENT

(1.) 'Recrimination' in Panchayat election petition whether permissible, in the absence of provision for the same, is the important question of juristice debate ? "Yes", as a weapon of defence, spelled out from "counter claim, set off under order 8 C.P.C. is the answer". Knocked down, at the polls, Narana Ram challenge Anoop Singh, in a legal dual, and wants that Anoop Singh should be first disarmed being deprived of weapon of recrimination, like Abhimanyu of Mahabharat.

(2.) PETITIONER, Naranaram, is a defeated candidate in the general elections of Gram Panchayat Siriasar Kalan, which took place on 9th February, 1978. The contestees were the respondents No.2 and 3. Polling took place on 9.2.1978 and the result was declared by the Returning Officer on the same day. Respondent No. 2 Anoop Singh was declared elected by a majority of 3 votes against the respondent No. 3. Anoop Singh respondent No. 2 got 672 valid votes while Parsa, respondent No. 3 secured 669 valid votes.

(3.) IT is this order of the Election Tribunal dated 17th August, 1978 permitting the inquiry into the counter allegations, which has given rise to this writ petition. No one has appeared on behalf of the respondents to oppose this writ petition.