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1984 Supreme(Raj) 30

M.C.JAIN
Narpat Karan – Appellant
Versus
District Judge, Balotra – Respondent


Advocates Appeared:
A.L. Chopra, for Petitioner; M. Singhvi, for Non-petitioner No. 2.

M.C. JAIN, J.—This writ petition is directed against the findings recorded by the District Judge, Balotra, on issues No. 10 and 11 framed in election petition submitted by the non - petitioner No. 2 Tej Singh.

2. The writ-petitioner Narpat Karan and the non - petitioner Tej Singh had contested the election of Pradhan of the Panchayat Samiti, Balotra and its result was declared on 30. 12. 1981, in which the writ - petitioner was declared elected. He secured 205 votes, whereas the non - petitioner No. 2 Tej Singh secured 203 votes. An election petition was filed by the non - petitioner No. 2 Tej Singh on 19.1.1982, in which he prayed that he be declared elected as Pradhan of the Panchayat Samiti, Balotra. The writ - petitioner submitted reply to the election petition, in which he also pleaded recrimination alleging corrupt practices against the election-petitioner. Issues No. 10 and 11 were framed by the learned District Judge, which on translation in English, read as under:-

Issue No. 10:

Whether the plea relating to corrupt practices raised by the non-petitioner, cannot be considered in the election petition ?

Issue No. 11:

Whether the counter claim or plea relating to recrimination of























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