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1966 Supreme(Raj) 186

DAVE, KAN SINGH
Lachuram – Appellant
Versus
Inderlal – Respondent


Advocates Appeared:
P.N. Datt, for Appellant; G.M. Lodha, for Respondent No. 1; R.K. Rastogi, Intervenor

By the Court—This appeal is directed against the judgment of a learned single Judge of this Court dated 6th July, 1965 passed against the appellant Lachuram in a writ application under Art. 226 and 227 of the Constitution of India.

2. The facts giving rise to the appeal are that in an election contest for the office of Sarpanch of the Gram Panchayat Ajitgarh, appellant Lachuram and respondent No. 1 Inderlal stood as rival candidates. The said election was held on 1.1.65 and Inderlal respondent was declared elected. Appellant Lachhuram thereupon filed an election-petition before the Election Tribunal (Civil Judge, Jhunjhunu) challenging the validity of the respondents improper acceptance of nomination. It was alleged that he was not qualified for election as he was convicted on 13.11.62 by a competent Magistrate for an offence under sec. 7/16 of the Prevention of Food Adulteration Act No. 37 of 1954, hereinafter to be referred to as the Act, read with Rule 50(1) of the Prevention of Food Adulteration Rules, 1955, which will hereinafter be referred to as the Central Rules, and sentenced to pay a fine of Rs. 11/-. The argument about disqualification was based on sec. 11(g) of the Rajas


























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