RAM SINGH Vs. MUNSIFF BUNDI

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution by one Ram Singh against the decision of Munsiff, Bundi, acting as a Tribunal under rule 78 of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960 (hereinafter referred to as the Rules ). The application has been contested on behalf of Hardeo, Kalyan and Birdi.

(2.) THE Election of the sarpanch of Bajor Panchayat was held on 13th December, 1960. Ram Singh and Hardeo contested the election. Ram Singh secured 473 votes and Hardeo secured 470 votes. Ram Singh was declared to be elected. Against this election, Kalyan and Birdi filed an election petition under rule 78 inter alia on the ground that seven of the voters, who had marked their ballots in favours of Hardeo, were not allowed to put them in the ballot box by the polling officer on the ground that they had not folded them as prescribed under rule 30 and the secrecy of the voting was thereby violated. It was asserted by the petitioner that the secrecy of the voting had, in fact, not been violated. Both parties were given an opportunity of adducing evidence on the question as to whether the secrecy of voting had, in fact, been violated. THE petitioners examined a number of witnesses who stated that the secrecy has not been violated. No evidence was produced on the point on behalf of Ram Singh, who contested the election petition. THE Tribunal did not record arty finding as to whether or not the secrecy of voting was, in fact, violated. But it held that the Polling officer was not authorised to prevent these seven voters from casting their votes in the ballot box. On account of this improper refusal on the part of the polling officer, the election was materially affected as Hardeo would have polled 477 votes if these 7 persons had been allowed to put their ballot papers in the ballot box. He accordingly set aside the election of Ram Singh and declared Hardeo to be duly elected. Against this decision, the present writ application has been filed.