RAM PRATAP Vs. YASIN MOHAMMED

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Ram Pratap against an order of Munsif Kota acting as Tribunal under rule 78 of the Rajasthan Panchayat and Nyay Panchayat Election Rules, 1960.

(2.) RAM Pratap petitioner and Chhitar Lal respondent No. 2 were candidates at the election to the office of Sarpanch of Balaheda Panchayat. RAM Pratap secured 373 votes and Chhitar Lal secured 398 votes. Chhitar Lal was accordingly declared as duly elected. Yasin Mohammed respondent No. l filed an election petition contest the election of Chhitar Lal inter alia on the ground that he committed various corrupt practices. Issues were framed and 24. 8. 61 was fixed for recording the evidence. Before the date of hearing Yasin Mohammed appeared before the Tribunal on 31. 7. 61 accompanied by Chhitar Lal's lawyer and filed an application under Order 23 Rule 1 (1) C. P. C. withdrawing the petition. On this application the petition was dismissed.