ROOP NARAIN Vs. MUNSIF BEHROR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Roop Narain against an order of Munsif Behror acting as a Tribunal under R. 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960 (hereinafter referred to as the Rules) dismissing his election petition filed by him challenging the election of Bhonrey Lal respondent No. 2 as a Panch from ward No. 3. THIS petition was heard and allowed on March 24, 1966. But that decision was set aside on an application for review filed by Bhonrey Lal.

(2.) THERE were three candidates for election to ward No. 3. According to the counting made by the Returning Officer Bhonrey Lal received 72 Votes, Rooh Narain 71 and Kirori received 49. Bhonrey Lal was accordingly declared as duly elected. His election was challenged by Roop Narain inter alia on the ground that a vote given by an imposter in the name of Ramji Lal son of Nathu was improperly accepted by the Returning Officer and the tendered vote subsequently given by the real Ramji Lal was not counted.