SAMELA RAM Vs. CHANDAN MAL

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by Samela Ram and Dinanath challenging a decision of Munsif, Merta City, dismissing their election petition challenging the election of Chandanmal respondent No. 1 on the ground that the nomination paper to the office of Sarpanch of Lachhmi Narain respondent No 2 was wrongly rejected. The petition has been contested on behalf of Chandan Mal.

(2.) IT is not disputed, in view of the admission made in the written statement filed by Chandan Mal, that the name of respondent No. 2 to this writ petition was entered at serial No. 112 of the electoral roll of Ren Panchayat as 'lachhmi Narain' son of 'shri Kishan' and that he filed a nomination paper for being elected as Sarpanch in which he entered the serial number of the voters' list correctly as 112, but entered his name and signed it as 'lakshmi Narain son of Shri Krishna. ' The nomination paper was rejected by the Returning Officer on the ground that the name of the candidate did not tally with the name entered in the electoral roll vide endorsement AB made by him on the nomination paper Ex. A. 1. Samela Ram and Dinanath petitioners are electors of this Gram Panchayat. They filed the present election petition challenging the election of Chandan Mal on the ground that the nomination paper of Lachhmi Narain was wrongly rejected. This election petition was dismissed by the Tribunal on two grounds. One ground is that the name noted on the nomination paper was different from the name entered in electoral roll.