He ran for Panchayat Chairmanship and won, defeating the appellant and the 2nd respondent.
The aggrieved appellant has, therefore, companye up to this Court by special leave for relief based on the companystruction of two slightly ambiguous rules having some impact on this village election.
The learned Single Judge who heard the petition affirmed the order of the Tribunal substantially but in relation to the relief directed against the declaration of the appellant as Chairman, the order was vacated.
Thereupon the appellant moved the statutory tribunal by an election petition which was allowed on the seore of disqualification for being chosen as Chairman by virtue of S. 6 K of the U.P. Town Areas Act Act II of 1914 .
Appeal by special leave from the judgment and order dated the 4th April, 1973 of the Allahabad High Court in Special Appeal No.
1 had ended his official career as police companystable under dismissal order dated September 26, 1963 Constable No.
K. Jain, N. R. Choudhary, Rajesh Prasad Singh and K. K. Mohan, for the appellant.
P. Goyal and G. S. Chatterjee for respondent No.
The disqualification stemmed from dismissal of the 1st respondent on September 26, 1963 from the Delhi Police Force.
When the Election Tribunal set aside the 1st respondents election and declared the appellant as the Chairman, the unseated candidate invoked the writ jurisdiction of the High Court.
Before opening a political chapter, respondent No.
That question was left to be decided afresh in the light of certain observations of the learned Judge.
The question is whether a public servant dismissed for misconduct is number ipso jure disbarred from employment under the State.
If number restoration to the lost office inevitably follows.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant and 1st respondent were rivals for Chairmanship of Town Area Bugrasi in U.P. The latter, a dismissed police companystable, was returned by the electorate and the former, chagrined by the defeat, successfully petitioned the Election Tribunal.
1200 of 1974.
The Judgment of the Court was delivered by KRISHNA IYER, J.A single legal issue presents itself for ,solution in this appeal.
Dissatisfied by the result, of both the appellant and the 1st respondent filed Writ Appeals before a Division Bench of the High Court which ended in the allowance, of the claim of the 1st respondent to be Chairman and companysequential dismissal of the appeal of the other.
The 1st respondent secured the highest number of votes and was declared elected by the Returning Officer.
office of Chairmanship of Town Area Bugirasi from where, he has been removed on the ground of dismissal from government service, resulting in the eruption of this election dispute.
If yes, the 1st respondent is ineligible for the public.
The Ground The appellant and the 1st respondent were two of the three candidates for Chairmanship of the Town Area of Bugrasi.
The disability for election in the present instance is said to spring from the dismissal of the 1st respondent from government service as aforesaid.
34 of 1973.
