TaxTMI 
TaxTMI 
2006 (11) TMI 694
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.... at the village, intermediate and district levels in accordance with the provisions of the said Part. Part IX speaks of composition of panchayats (Article 243C), reservation of seats (Article 243D), and duration of panchayats (Article 243E). It also provides for disqualifications for membership in terms of Article 243F stating: "243F. Disqualifications for membership.--(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat-- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that be is less than twenty-five years of age, if he ....
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...., the relevant provisions whereof read as under: "122(1) : A person shall be disqualified for being chosen as, and for being, an office bearer, of a Panchayat (a) if he is so disqualified by or under any law for the time being in force for the purposes of the election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than 25 years, if he has attained the age of 21 years; (b) * * * (c) if he has encroached upon any land belonging to, or taken on lease or requisitioned by or on behalf of, the State Government, a Municipality, a Panchayat or a Co-operative Society unless a period of six years has elapsed since the date on which he is ejected....
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.... authorized officer (a) when it is delivered to him (i) by the person making the petition; or (ii) by a person authorized in writing in this behalf by the person making petition; or (b) when it is sent by registered post and is delivered to the authorized officer or any other person empowered to receive it." Section 174 of the Act provides for jurisdiction of the court to pass order in the manner laid down therein after inquiring into the election petition by the authorized officer. Section 175 of the Act provides for the grounds upon which an election petition can be dismissed or an election can be set aside. Respondent herein was elected as a member of Zilla Parishad. The result o....
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....6.11.2000. As noticed hereinbefore, Respondent No. 1 was declared elected on 5.01.2001. In terms of the provisions of Article 243O read with Section 163 of the Act, an election petition, therefore, was maintainable for setting aside his election. Disqualification as provided for under Article 243F has been laid down in Section 122 of the Act. Section 175 of the Act provides for disqualification as one of the grounds upon which an election petition could be filed. Interpreting the aforementioned provisions, a Division Bench of the Himachal Pradesh High Court opined that the order dated 27.06.2002 passed by the Deputy Commissioner is not sustainable in law. Mr. J.S. Attri, learned AAG appearing on behalf of the appellants would submit t....
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....er the election process is over would be determined by the Deputy Commissioner. The provisions of the Act, as noticed hereinbefore, have been enacted pursuant to or in furtherance of the constitutional mandate contained in Part IX of the Constitution of India. The provisions of the Act, therefore, are required to be construed strictly in terms thereof. Clause (b) of Article 243O of the Constitution of India mandates that no election shall be set aside save and except by an order passed by the Authorised Officer. In our considered opinion, Section 122 of the Act must be read in the light thereof. Section 162 of the Act expressly provides for the exclusive jurisdiction of the Authorised Officer to determine the existence or otherwise of an....