MAHENDRA SINGH Vs. KHEM CHAND

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution by one Mahendra Singh against an order of the Civil Judge, Alwar, acting as a Tribunal under the Rajasthan Panchayat Samitis and Zila Parishads Act 1959, setting aside his election to the office of Pradhan. The petition has been contested by Khem Chand, Jarnura Ram and Udam Singh on whose election petitions the election of the petitioner was set aside.

(2.) THE petitioner is a registered elector in village Badli-ki-Dhani within Panchayat circle Ramod, the whole of which is included in Mandawar block. He is also registered as an elector in village Bhamora in Panchayat circle Bhamora the whole of which is included in Kishangarh block. THE petitioner was holding the office of Sarpanch of Bhamora Panchayat when he was elected to the office of Pradhan of Panchayat Samiti Mandawar. He tendered his resignation from the office of Sarpanch after his election which was accepted on 5. 2. 65. Under sec. 12 of the Rajasthan Panchayat Samitis and Zila Parishads Act 1959 a person is eligible to be elected as Pradhan if he is a voter of any Panchayat, is a resident of the block and is able to read and write Hindi. This is however subject to the provisions of Sec. 15, which enumerates the disqualifications for becoming a member of the Panchayat Samiti or a Pradhan of it. Clause (k) of this section lays down that a person is disqualified to be elected as a Pradhan if he is disqualified for election as a Sarpanch or Up-Sarpanch or a Panch of a Panchayat.