B.Nagabhushanam VS. State Of Karnataka

Extract

---

B.Nagabhushanam VS. State Of Karnataka

The Judgement Information System CASE NO.: Appeal (civil) 5104 of 2006

PETITIONER: Som Lal RESPONDENT: Vijay Laxmi & Ors DATE OF JUDGMENT: 14/03/2008

BENCH: A.K.MATHUR & ALTAMAS KABIR

JUDGMENT: JUDGMENT

CIVIL APPEAL NO. 5104 of 2006

A.K.MATHUR,J.

1. This appeal is directed against the order dated 26.10.2006 passed by learned Single Judge of the Punjab & Haryana High Court whereby the learned Single Judge held that the appellant- Som Lal was holding the whole-time salaried office of a statutory body as he was on the rolls of the Market Committee, Sirsa as Fireman on 29.6.2003 and he was disqualified from contesting the election as Sarpanch, Gram Panchayat, Village Dhobra on 29.6.2003. Therefore, he has been rightly held to be disqualified by the Election Tribunal.

Accordingly, the learned Single Judge upheld the order of the Election Tribunal whereby the election of the appellant was set aside. Aggrieved against this order dated 26.10.2006 passed by the learned Single Judge of the High Court of Punjab & Haryana the present appeal was filed.

2. Brief facts which are necessary for disposal of this appeal are that the appellant contested the election of Sarpanch on 29.6.2003 of Village Dhobara, Tehsil Pathankot, and the appellant was elected and the opponent- Vijay Laxmi lost. Total votes polled -800; 411 votes were polled in favour of the appellant- Som Lal; 376 votes were polled in favour of Vijay Laxmi and 13 votes were cancelled. Hence, the appellant was declared elected. The election of the appellant was challenged by the respondent- Vijay Laxm...

See the full content of this document

---