GANESHA RAM Vs. MUNSIF BIKANER

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by Ganeshram against an order of the Munsif, Bikaner, acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 setting aside his election petition filed by the defeated candidate Megharam. The petition has been contested on behalf of Megharam.

(2.) POLLING took place on 1. 1. 65. The polling station was divided into two booths. In the box in booth No. 1 the voters of wards Nos. 1 to 5 were to cast their votes in the box in booth No. 2 voters from wards Nos. 6 to 8 were to cast their votes. The Returning Officer Shri Shiv Charan Kashyap was incharge of booth No. 2 in particular and Shri Kamal Kishore, Assistant POLLING Officer was incharge of booth No. 1. The time for polling was upto 5 p. m. At 4. 15 p. m. a disturbance took place in booth No. 1 in which Shri Kamal Kishore was severely beaten. This much is not disputed. What happened afterwards is a matter of some controversy between the parties. I have perused the material on record and I agree with the findings of fact arrived at by the Tribunal. According to these findings when the disturbance took place the remaining voters who had not cast their votes did not cast them. The boxes were kept open till 5 p. m. and they were sealed after the voting time was over by the Returning Officer, who sent a report (Annexure A-l) to the Collector Bikaner after 5 p. m. In this report it is mentioned that at 4. 15 p. m. some villagers beat the Assistant POLLING Officer Shri Kamal Kishore severely and after this beating the situation got out of control and polling stopped. The Return-ing Officer further stated that he had sealed the box but was afraid that he too might be attacked. He asked the Collector to send medical aid for Kamal Kishore and make arrangement for the personal protection of the Returning Officer.