Himachal Pradesh Court July 1958 Judgments

Dr. Y.S. Parmar Vs. Hira Singh Pal and anr.

Court: Himachal Pradesh

T. Ramabhadran, J.C.(1) This is an appeal under Section 116A of the Representation of the People Act, 1951, by Dr. Y. S. Parmar, against the decision of the Election Tribunal, Himachal Pradesh, declaring his election to the Lok Sabha, from the Mahasu constituency, as void.(2) The appeal arises under the following circumstances: The election to the Lok Sabha from the double-member Mahasu Parliamentary constituency took place between 25th of May and 6th of June, 1957. One of the two seats was a general seat and the other was a reserved seat. Nomination papers were filed by ten candidates, including the parties to this appeal.Two of the candidates withdrew and, therefore, the ultimate contest was between eight candidates, including the parties to this appeal. The appellant, Dr. Y. S. Parmar and Shri Nek Ram were declared successful from the general and reserved seats, respectively. There was no dispute regarding, the election of the latter. The election of Dr. Y. S. Parmar was, however, c...

Som Krishan Vs. Paras Ram and ors.

Court: Himachal Pradesh

ORDERT. Ramabhadran, J.C.(1) In this petition, under Article 227, of the Constitution, the only point, for determination is, whether the learned District Judge of Mandi has erred, in holding, that he had no jurisdiction to allow amendment of the Election Petition, under the provisions of Order 6, Rule 17, C. P. Code.(2) That Judge was of the opinion, that although, Section 16 of the Territorial Councils Act (Act No. 103 of 1956) lays down, that the procedure set forth in the C. P. Code, in regard to suits, shall be followed in the Court of the District Judge, as far as, it can be made applicable, in the trial and disposal of an election petition, under this Act, nevertheless, that procedure could be followed only with respect to those matters, which had been specified in that Act, or in Rules 70, 71, 72, 75 and 79 of the Rules framed under Section 20 of the Act.(3) Having come so far, the learned District Judge goes on to observe as follows :'The provisions of the C. P. C. relating to ...

Prithi Chand Vs. Registrar, Co-operative Societies and anr.

Court: Himachal Pradesh

Reported in: AIR1959HP1

ORDERT. Ramabhadran, J.C.1. This petition, under Article 226 of the Constitution, arises under the following circumstances.2. On 4-10-1956 A. D., petitioner Shri Prithi Chand was elected as one of the Directors of the Himachal Pradesh State Co-operative Bank Ltd. in accordance with the bye-laws of that Bank. By means of an application dated 12-1-1957 A. D., addressed to the Registrar, Co-operative Societies, Himachal Pradesh, one Shri Chet Ram Chandel, a shareholder of the above Bank, questioned the validity of Shri Prithi Chand's election as a Director, The Registrar, purporting, to exercise the powers, conferred upon him by S. 88 of the Himachal Pradesh Co-operative Societies Act, 1956 referred the dispute to the arbitration of Shri Nand Lal, District Audit Officer, Mahasu.On 18-7-1957, the arbitrator made an award, holding that the election of Shri Prithi Chand was invalid. Against that award, Prithi Chand filed an appeal to the Registrar, Co-operative Societies, under Section 113 o...