SHIV BHAGWAN Vs. GOMA RAM

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution challenging a decision of Munsif Sikar acting as a Tribunal under R. 78 of the Rajas-than Panchayat and Nyaya Panchayat Election Rules, 1960 dismissing his election petition challenging the election of Gomaram respdt. No. 1 to the office of Sarpanch.

(2.) POLLING was fixed for 7. 12. 60. The times fixed for members of different wards to cast their votes were as follows - Wards Nos. 1, 2 and 3 - 8 a. m. to 11 p. m. Wards Nos. 4, 5 and 6 - 11 a. m. to 2 p. m. Wards Nos. 7 and 8 - 2 p. m. to 4 p. m. According to the finding of the Tribunal, shortly before 11 a. m. a complaint was made on behalf of the petitioner to the presiding officer that a polling officer named Surajmal was showing undue favour to Gomaram by illegally marking the ballot papers of illiterate voters himself instead of allowing them to do so. On this complaint the Returning Officer removed Surajmal from his post. The supporters of the petitioner were so much agitated on account of the conduct of Surajmal that the Returning Officer apprehended that a breach of peace might take place. He accordingly adjourned the poll so far as voters of wards No. 4, 5, and 6 were concerned to 13. 12. 60 and sent for further reinforcements of police force. The polling by voters of wards Nos. 7 and 8 took place between 2 p. m. and 4 p. m. as already fixed.