DHANPAT LAL Vs. HARISINGH

JUDGEMENT

(1.) THIS is a special appeal under Section 18 of the High Court Ordinance 1949 against the judgment of a learned Single Judge dated 22nd July, 1966 passed in S. B. Civil Writ Petition No. 882 of 1965.

(2.) THE facts giving rise to this appeal may be stated as follows:--

(3.) THE election for the office of Sarpanch Gram Panchayat, Nanagal Rajawatan, district Jaipur, took place on 1-1-1965. Initially three persons filed their nomination papers but the nomination paper of one Badri was rejected with the result that Dhanpat Lal appellant and Harisingh respondent remained in the field. Dhanpatlal secured 395 votes whereas Harisingh secured 397 votes and 55 votes were declared to be invalid. Consequently Harisingh was declared duly elected by the Returning Officer. Thereafter Dhanpatlal and Chhajuram filed separate election petitions in the Court of Munsiff-Magistrate, Dausa under Rule 78 of the Rajasthan panchayat and Nyaya Panchayat Election Rules, 1960 (hereinafter called "the rules") challenging the validity of the election of Harisingh. Chhaju Ram withdrew his election petition and therefore the election petition filed by Dhanpatlal was proceeded with. The main ground, taken in the election petition was that Dhanpatlal had secured more votes than Harisingh. His contention was that some of the votes which had been cast in his favour had been wrongly rejected by the Returning Officer and so also a few votes had been wrongly counted in favour of Harisingh. The learned Munsiff recounted the votes and found that Dhanpatlal had got 401 valid votes as against 399 secured by Harisingh. Thus the learned Munsif allowed the election petition, set aside the election of Harisingh and declared Dhanpatlal to have been duly elected as Sarpanch.