JEET SINGH Vs. DISTRICT ELECTION OFFICER
LAWS(HPH)-1997-6-19
HIGH COURT OF HIMACHAL PRADESH
Decided on June 10,1997

JEET SINGH Appellant
VERSUS
DISTRICT ELECTION OFFICER Respondents

JUDGEMENT

M.SRINIVASAN,C.J. - (1.)The petitioner is an elected member of the Panchayat Samiti, Indora. The results were declared on 24 -12 -1995. A meeting of the newly elected members was fixed on 28 -12 -1995 and a notice was issued to the members in Form No 40 under Rules 85 and 86 of the Himachal Pradesh Panchayati Raj (Election) Rules In the meeting held on 28 -12 -1995, there was no quorum and the meeting was adjourned to 31 -12 -1995. On that date, 15 elected members took oath or affirmation as per section 127 of the Himachal Pradesh Panchayati Raj Act.
(2.)The petitioner herein had sent a communication to the District Election Officer on 28 -12 -1995 itself pointing out that 11 members, who had received the meeting notices had not attended the meeting on 28 -12 1995 and thus there was a clear cut refusal on their part to take oath and thereupon the provisions of section 127 (2) of the Act would come into operation. On 29 -12 -1995, the Authorised Officer -Cum -Tehsildar, Indora sent a show cause notice to respondents No. 4 to ) 4 herein calling upon them to show cause why their election should not be declared invalid and why fresh poll should not be held for their posts under the provisions of section 127 of the Act. It is not clear from the records whether any replies had been sent by the said respondents. At any rate, another notice was issued under Form No. 40 as per Annexure P -6 fixing the meeting for 11 -1 -1996. The members were called upon to have oath administered and also elect Chairman and Vice -Chairman of the Panchayat Samiti in accordance with section 79 of the Act. The attention of the members was also drawn to section 127 of the Panchayati Raj Act.
(3.)On 11th January, 1996, respondents No. 4 to 14 took oath of affirmation and the Chairman and Vice -Chairman were elected. The 10th respondent was elected as Chairman and the 15th respondent was elected as Vice -Chairman.


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