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PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
Dinesh Kumar – Appellant
Versus
Surta Nath @ Surat Nath – Respondent
| Table of Content |
|---|
| 1. leave granted for civil appeal (Para 1) |
| 2. facts of panchayat election dispute and petition (Para 2 , 3) |
| 3. high court interprets rule 4 on cross-examination limits (Para 4 , 5) |
| 4. right of cross-examination under natural justice principles (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. tribunal discretion and lack of justification shown (Para 13 , 14 , 15 , 16) |
| 6. partial disagreement with high court observation (Para 17 , 18) |
| 7. reasons required for cross-examination; appeal dismissed (Para 19 , 20) |
JUDGMENT :
1. Leave granted.
2. The appellant is a returned candidate in the election to the post of Pradhan of Gram Panchayat Parwa, Block Chhanvey, Tehsil Sadar, Mirzapur, U.P. The first respondent, the unsuccessful candidate, filed election petition before Court of Sub-Divisional Officer, acting as Election Tribunal challenging appellant’s election. The election petitioner examined two witnesses. The appellant sought cross-examination of said witnesses which was denied by the Sub-Divisional Officer1 [Vide order dated 08.06.2022 in Election Petition No. 7424 of 2021] and the appellant’s writ petition under Article 226 challenging the same came to be dismissed by the High Court.2 [
Cross-examination forms part of natural justice in election disputes, yet under Rule 4 the Tribunal may permit it only when the applicant shows sufficient reasons establishing necessity and relevance....
Point of law: Disqualification proceeding, if evidence of any witness rendered either on oath or on affidavit, is sought to be relied upon by the Designated Officer to pass any order adverse to a mem....
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
The Election Tribunal has discretion in applying procedural laws and can appoint a commissioner for recording evidence, which is not contrary to established rules.
The court held the Election Commission lacks authority to annul post-election results, emphasizing disputes must be resolved in civil court per Kerala Panchayat Raj Act, 1994.
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