JUDGMENT Kuldip Chand Sood, J. (Oral) :- Surinder Singh Chauhan, an advocate, has approached this Court, in its writ jurisdiction under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, for the quashing of the proceedings initiated against him by the learned judicial Magistrate 1st Class, Kasauli at Solan in Criminal Case No.44/2 of 2001 for an offence punishable under Section 186 of the Indian Penal Code.

2. It appears, election to the Municipal Council, Parwanoo, were held on 20th December, 2000. Petitioner was one of the candidates from Ward No.9. Mr. Ram Sarup Dutt, Lecturer, Senior Secondary School Barotiwala, District Solan, was the Presiding Officer in the polling booth for Ward No.9 which was located in the office of NJPC.

3. The allegation against the petitioner is: At about 10.00 AM petitioner entered the polling booth and asked for serial number of a ballot paper. Shri Ram Sarup, Presiding Officer refused to give him the number of ballot paper on which the petitioner threatened the Presiding Officer saying that he was a lawyer of the High Court and that he will approach the Bar Association and get the election cancelled It is

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