HARDEVA RAM Vs. CIVIL JUDGE JHUNJHUNU

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Hardeva Ram whose election to the office of Sarpanch has been set aside by the Tribunal on an election petition filed by one Balwant, father of the defeated candidate Sheonarain.

(2.) THE election took place on 1-1-65. According to the result which was announced after counting, on the day of polling Hardeva polled 592 and Sheo Narain polled 452 votes. THE Tribunal has set aside the election on 3 grounds. THE first ground is that the election was commenced at 9. 30 A. M. , instead of 8 A. M. This was a non-compliance with the provision of the rules and under rule 70 (d) (iv) of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960. THE election could not be set aside unless it was proved that the result was materially affected thereby. THEre is no evidence to show how many voters went away and did not return on account of the delay in the commencement of the polling. Nor is there any evidence to show for whom these voters would have voted. In this connection, the decision of the Mysore High Court in Bugga-veti Krishnayya vs. Lakshmikantamma (1) may be referred.