MAHIPAT Vs. G K ISRANI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by one Mahipat challenging the validity of a decision of Munsif Bhadra acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960 setting aside his election to the office of Sarpanch.

(2.) SHAMLAL, Mahipat, Aduram and Chandanmal stood as candidates at an election for the office of Sarpanch of Ghewu Panchayat held on 5. 12. 60. Chandanmal withdrew his candidature. The election was contested by SHAMLAL, Mahipat and Aduram. Mahipat was declared duly elected as he polled the highest number of votes. The election was challenged by SHAMLAL and Rajaram inter alia on the ground that Mahipat secured the withdrawal of the candidature of Chandanmal by offering to get him elected to the Nyaya Panchayat. This allegation was found to have been true by the Tribunal which was of the opinion that the corrupt practice of bribery as defined in rule 77 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960 was made out.