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1964 Supreme(Pat) 193

G.N.PRASAD, S.C.MISRA
Ashiq Hasan Khan – Appellant
Versus
Sub Divisional Officer – Respondent


Judgment

Misra, J.

1. These two appeals, which have been heard together, arise out or a judgment in M. J. C. Nos. 1338 and 1371 of 1962. Appellants Haro Mahton, Mathura Singh, Ramji Mahton, Bankey Mahton, Siasaran Prasad and Kailash Mahton were petitioners in M. J. C. No. 1338 of 1962 and Ashiq Hasan Khan was petitioner in M. J. C. No. 1371 of 1962. The appellants in L. P. A. No. 40 of 1963 claim to be Punch member of the Executive Committee and voters, respectively, of the Gobai Gram Panchayat in the district of Monghyr. Appellant Ashiq Hasan Khan of L. P. A. No. 89 of 1963 claims to be the Mukhiya of the same Gram Panchayat. The election of new office-bearers of this Gram Panchayat was held on the 16th and 17th of October, 1962, respectively, in which respondents Gangasaran Singh and Shahabuddin Khan were elected as Mukhia and Sarpanch, respectively. The Punches and members of the Executive Committee alto have been arrayed as respondents to the appeal. The appellants challenged the legality of the election in which the respondents were declared elected as new office bearers, mainly, on the ground that Shri Ramadhar Sharma, the Block Development Officer of Sheikhpura (respondent No

















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