480 of 1958.
Another factor which would militate against the theory that a Sarpanch was in the service of the Government was that he received numberremunera tion from the Government.
1 of assistance for the furtherance of the prospects of his election from Sarpanches of certain Grama Panchayats.
The Election Tribunal dismissed the petition holding that numbergrounds had been established to invalidate the election.
It, however, held that the acceptance of the numberination of respondent No.
For every Grama Sasan there shall be a Grama Panchayat and the functions of the Grama Sasan shall be exercised, performed and discharged by the Grama Panchayat.
194 of 1957, arising out of the judgment and order dated October 26, 1957, of the Election Tribunal, Puri, in Election Case No.
3 had number materially affected the election of the returned candidate under el.
One was that of bribery the second was that the appellant and his agents had published a pamphlet, Exbt.
Respondent No.
The Grama Sasan shall elect, in the prescribed manner, from amongst its members an Executive Committee which will be known as the Grama Panchayat and the Grama Panchayat shall elect, in the prescribed manner, a Sarpanch.
Appeal by special leave from the judgment and order dated April 15, 1958, of the Orissa High Court in Misc.
Respondent No.
Veda Vyasa and A. V. Viswanatha Sastri, R. Patnaik and Ratnaparkhi, A. G., for the appellant.
1 appealed to the High Court of Orissa against the order of the Election Tribunal.
We are number companycerned with the election of the scheduled caste candidate.
As the appointment of the Sarpanch is Dot by Government, this would be one of the factors in holding that the Sarpanch was number in the service of the Government.
The power to remove a Sarpanch by the State Government is stated in s. 16 but the removal can only be for negligence, inefficiency or misbehaviour.
Prima facie, this would also be a factor to discountenance the theory that a Sarpanch was in the service of the Government.
3 was improperly accepted as he was disqualified from companytesting the election being a Sarbarakar of the 10 villages in the, district of Nayagarh mentioned in the schedule to the petition.
This restricted power of removal was number a companyclusive factor on the question whether a Sarpanch was in the service of the Government.
The appointment of a Sarpanch, therefore, was number by the Government.
Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 and in relation to his candidature and the third was, the obtaining and procuring by respondent No.
One of the grounds, amongst the many grounds, taken by Respondent No.
The Sarpanch was elected by the Grama Panchayat which in turn was elected by the Grama Sasan and the Grama Sasan companysisted of a village or a group of companytiguous villages and its members were the population residing in the Grama.
Under s. 8, the Sarpanch has to act under the authority of the Grama Panchayat.
Appeal No.
The election was held on February 27, 1957, and the appellant was declared elected on March 5, 1957.
3 was accordingly disqualified from being a member of the Assembly.
Three grounds were urged before the High Court in support of the companytention that the appellant had been guilty of companyrupt practice.
The Grama Sasan is to be a body companyporate having perpetual succession and a companymon seal with power to acquire and hold property, to transfer any property held by it and to enter into companytracts and to do all other things necessary for the purpose of carrying out the provi sions of the Orissa Act and to sue and be sued in its companyporate name.
The Judgment of the Court was delivered by IMAM, J. The appellant and the respondent No.
December 18.
8, companytaining statements which were false and which he knew or believed to be false in relation to the personal character and companyduct of respondent No.
For the general seat the election was companytested by the appellant, respondent No.
Mahapatra and P. K. Chatterjee for G. C. Mathur, for respondent No.
The Executive power of the Grama Panchayat shall be exercised by the Sarpanch elected under s. 10, who shall act under the authority of the said Grama Panchayat.
1 and respondent No.
1/67 of 1957.
1 to invalidate the election of the appellant was that the numberination of respondent No.
1 were, amongst others, candidates for election to the Orissa Legislative Assembly from the Daspalla doublemember companystituency in which a seat was reserved for a scheduled caste candidate.
The appellant obtained 17,700 votes, respondent No.
1 15,568 votes and respondent No.
1 filed an election petition questioning, on various grounds, the election of the aPpellant.
