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1965 Supreme(P&H) 99

S.S.DULAT, D.K.MAHAJAN
Hukam Singh Kundan Singh – Appellant
Versus
Ch. Ram Narain Singh – Respondent


Judgment

S.S.Dulat, J.

1. The appellant, Hukam Singh, was a member of the Market Committee at Rewari set up under the Punjab Agricultural Produce Markets Act, 1939 . He was removed from that office by the State Government on account of misconduct under Section 11 of that Act. The order of the State Government was made on the 16th of June 1958. The Act of 1939 was repealed by the Punjab Agricultural Produce Markets Act, 1961, which Act replaced the previous Act. Elections to the Market Committee, Rewari, under the new Act were held during August 1963 and the appellant stood for election. An objection was taken that the appellant was disqualified on account of his removal for misconduct but that objection appears to have been raised after the appellants nomination had actually been accepted by the Returning Officer. Then followed the election at which the appellant was declared successful. One of the defeated candidates--Ram Narain Singh--thereupon brought a writ petition to this Court under Article 226 of the Constitution challenging the legality of the appellants election. The ground taken was that since the appellant had been removed from membership or the Market Committee on accou





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