- (1.) Both the petitioners, namely, Anant Ram and Damyanti Rani, are residents of Sabha area of Gram Sabha Dharamkot Randhawa in district Gurdaspur. Sub-Divisional Officer (Civil) Batala (respondent No. 2), exercising the delegated powers of Deputy Commissioner under rule 3 of the Gram Panchayat Election Rules, 1960 (hereinafter referred to as the Rules) issued the election programme for holding the elections of the Gram Sabha Dharamkot Randhawa, as follows :- Date Time Programme 5.7.1972 9 a.m. to 11 a.m. For filing nomination papers. 5.7.1972 11 a.m. to 12 noon. For filing objections to the nominations and for scrutiny. 1 p.m. to 3 p.m. For withdrawal of nominations etc. 6.7.1972 Poll, if any.
(2.) Anant Ram (petitioner No. 1) filed his nomination papers for the office of Sarpanch ; whereas Damyanti Rani (petitioner No. 2) flied nomination papers for the office of Panch in addition to a number of other candidates. Raghbir Singh (respondent No. 3) was appointed as Returning Officer by Sub-Divisional Officer (Civil), Batala (respondent No. 2) to conduct the said elections. In addition to some other candidates, respondent No. 5, Shri Mohinder Singh, filed his nomination papers for the office of Sarpanch and also for the office of Panch. Shri Raghbir Singh (respondent No. 3) scrutinised the nomination papers and upholding the objections raised by one Gian Chand, another candidate for the office of Sarpanch, rejected the nomination paper of Shri Mohinder Singh respondent holding that Shri Mohinder Singh was in arrears of the tax imposed by the Gram Panchayat and was thus disqualified in view of the provisions of sub-section (5)(j) of Section 5 of the Gram Panchayat Act, 1952 (as amended up-to-date) (hereinafter referred to as the Act). Smt. Taro, who was another woman candidate for the office of Panch, withdrew her nomination papers and it is alleged that petitioner No. 2 was the only woman candidate who remained in the field for the office of Panch.
(3.) Shri Santokh Singh Randhawa (respondent No. 4), Deputy Minister, Development, Punjab at the relevant time, was elected as a Member of the Punjab Legislative Assembly from the Fatehpur Churian Constituency in which the area of Gram Sabha Dharamkot Ranhbawa falls. He was camping in the Panchayat Samiti Rest House, Batala on 5.7.1972, according to the affidavit of Shri Gurdev Singh, Sub-Divisional Officer (Civil), (respondent No. 2). It is alleged by the petitioners that Shri Mohinder Singh (respondent No. 5), whose nomination papers were rejected by the Returning Officer, happens to be his party-man and supporter. Shri Mohinder Singh (respondent No. 5) presented an application to respondent No. 2 alleging that his nomination papers had been wrongly rejected by the Returning Officer. It is alleged that Shri Santokh Singh Randhawa (respondent No. 4) sent for respondent No. 2 and called for his explanation as to why the nomination papers of Shri Mohinder Singh (respondent No. 5) had been rejected. He asked him to postpone the elections. On this respondent No. 2 sent for the Returning Officer (respondent No. 3) from the village on a Government jeep and enquired from him as to why the nomination papers of Shri Mohinder Singh (respondent No. 5) had been rejected. The Returning Officer explained to him that he was in arrears of the Panchayat dues and, therefore, he had rightly rejected his nomination papers. There is no dispute about the facts upto this, but the further allegation as alleged by respondent No. 3 in his return is that the Sub-Divisional Officer (Civil) (respondent No. 2) asked the Returning Officer to review his order and to accept the amount due from Shri Mohinder Singh (respondent No. 5) towards the Panchayat dues and validate his nomination papers to which the Returning Officer did not agree and it is alleged that it was at the instance of Shri Santokh Singh Randhawa (respondent No. 4) that the Sub-Divisional Officer (Civil) (respondent No. 2) illegally, mala fide and without jurisdiction issued orders for the postponement of the elections at 1.30 A.M. during the night intervening 5th and 6th of July, 1972 when the polling was to take place on 6.7.1972. This allegation regarding the instructions issued by Shri Santokh Singh Randhawa to the Sub-Divisional Officer (Civil) has been denied by Shri Randhawa, who has chosen to file an affidavit in reply to the allegations of mala fide levelled in the writ petition. Shri Randhawa in reply to para 8 of the writ petition has stated as under : "8. Admitted to the extent that on 5.7.1972 while on tour to Batala, a matter regarding the rejection of nomination paper of Shri Mohinder Singh s/o Kishan Singh was brought to my notice. I simply asked the S.D.O. (C) Batala (respondent No. 2) to look into the matter and do justice, after hearing the parties concerned. Rest of the para is denied." He pleaded that the impugned orders passed are valid and legal. He further admitted that he was elected as Member of the Punjab Legislative Assembly from the Fatehpur Churian Assembly Constituency in which the Sabha area of Gram Panchayat Dharamkot Randhawa falls. Shri Gurdev Singh (respondent No. 2) in his affidavit has admitted that Shri Santokh Singh Randhawa (respondents No. 4), who was camping in the Panchayat Samiti Rest House, Batala, called him and asked him as to in what circumstances the nomination papers of Shri Mohinder Singh (respondent No. 5) had been rejected by the Returning Officer and he was further directed to summon the Returning Officer and hold an enquiry on the application of Shri Mohinder Singh (respondent No. 5). Since the polling was to start on 6.7.1972 at 8.00 A. M., Government jeep No. PNP-27 had to be sent to call the Returning Officer, Shri Raghbir Singh (respondent No. 3) in the interest of justice and he was summoned. He was heard with regard to the allegation of Shri Mohinder Singh and after hearing him and fully satisfying himself that the postponement of the elections of the Gram Sabha Dharamkot Randhawa was in the public interest, he ordered the postponement of the elections vide his orders dated 5.7.1972 and that order was served on the Returning Officer (respondent No. 3) on the spot. He, however, denied that he passed the orders under the influence of the Deputy Development Minister, Punjab, Shri Santokh Singh Randhawa (respondent No. 4).;