RAM RATTAN Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1979-1-1
HIGH COURT OF HIMACHAL PRADESH
Decided on January 08,1979

RAM RATTAN Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

T.U.Mehta, C.J. - (1.) The petitioner wanted to contest the election as Pradhan of Gram Panchayat, Sauri. The respondent No. 3 was his rival candidate for the same post. The petitioner and the respondent No. 3 both filed nominations but it is said that with a view to achieve unanimity the petitioner was brought under pressure to agree to the system of drawing lots, and as a result of that, the petitioner lost, and the respondent No. 3 was the only candidate remaining in the field. This happened on 27-10-1978. The nominations were to be withdrawn on 28-101978 by 12 noon. Since the petitioner lost in the drawal of the lots, respondent No. 3 remained the only candidate in the field and, therefore, the petitioner withdrew his nomination paper on 27-10-1978 with the result that the respondent No. 3 was declared as elected.
(2.) Being aggrieved by the system of drawing lots the petitioner filed an objection petition before the Deputy Commissioner, Solan under Section 186 of the Himachal Pradesh Panchayati Ra} Act, The Deputy Commissioner, Solan, however, fixed a longer date for the disposal of that petition. Being aggrieved by that the petitioner approached this Court in C.W.P. No. 247 of 1978 in which on 10-11-1978 this Court passed the following order : "Under the circumstances, we direct the respondent No. 2, the Deputy Commissioner, Solan, to dispose of the application filed by the petitioner under Section 186 of the Act, latest by 14th Nov. 1978." 2A. The Deputy Commissioner, Solan thereafter recorded the evidence offered by the parties and disposed of the application filed by the petitioner by his order found at Annexure P. 6 which is dated 14-11-1978. He has come to the conclusion that the petitioner had withdrawn voluntarily as a result of consensus arrived at by the concerned parties, that the Assistant Returning Officer was not a party to this consensus, and that the withdrawal of his nomination by the petitioner on 27-10-1978, that is, a day prior to the last date of withdrawal, was proper,
(3.) Being aggrieved by this decision of the Deputy Commissioner the petitioner, has filed this writ petition.;


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