RAMCHANDER Vs. DEVIRAJ SINGH

JUDGEMENT

(1.) THIS is a writ application of Ram Chander under Art. 226 of the Constitution challenging the correctness of the order of the Election Tribunal (Munsif), Kekri dated 11th August, 1962, whereby the election of the petitioner as Sarpanch of Gram Panchayat Tankawas was declared void and in his place Kanwar Deviraj Singh was declared as duly elected Sarpanch of that Panchayat.

(2.) IT is common ground between the parties that there were only two candidates for the election of the Sarpanch of Tankawas Panchayat, namely, petitioner Ramchander and respondent No. 1 Deviraj Singh. As a result of the poll, petitioner was declared elected to the office of Sarpanch. Thereafter the election of the petitioner was challenged by respondent No. 1 by means of an election petition under R. 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 (hereinafter referred to as the Rules) on the ground that the nomination paper of the petitioner was received after 10 O'clock on 9th December, I960 which was the time fixed under R. 14 of the rules for filing of the nomination papers. The Tribunal, after recording evidence produced by both the sides, came to the conclusion that the nomination paper of the petitioner was received at 10. 18 hours on 9th December, 1960 and as such the petitioner had no right to contest the election. This finding of the learned Tribunal is not challenged by the petitioner before this court and his grievance is that even if the petitioner's nomination paper was improperly accepted by the Returning Officer, the Tribunal had no jurisdiction to declare respondent No. 1 Deviraj Singh as duly elected Sarpanch.