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1984 Supreme(HP) 82

P.D.DESAI
MADAN LAL PUNGA – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. D. D. Sood, Advocate, vice Mr. Chhabil Dass Advocate. For the respondents Mr. P. N. Nag, Advocate General.

JUDGMENT

P. D. Desai, C. J.—The petitioner was elected as a member of the Municipal Committee, Chamba in 1967. One Miss Padma Vati, daughter Mr. Amar Nath, submitted an application to the competent authority for the grant of eligibility certificate in 1968. A representation was made in the said application that Miss Padma Vati had resided in Mohalla Kashmiri, Chamba for more than 3 years prior to the date of the application. The aforesaid averment made in the application was verified to be correct by the petitioner. On the basis of the said application, duly verified by the petitioner, Miss Padma Vati was granted eligibility certificate by the Executive Magistrate, Chamba on March 15, 1969.

2. It appears that an enquiry came to be made subsequently into the circumstances leading to the grant of eligibility certificate to Miss Padma Vati during the course of which it transpired that she had passed the matriculation examination and the J.B.T. examination from Jullundur in 1967 and 1968 respectively. Besides, her parents resided at Chandigarh and not in Chamba. It thus, transpired that the eligibility certificate was obtained by her on a misrepresentation.

3. A noticed dated April 20, 19












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