2001 (8) TMI 1438

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... da, as an appellate authority under the provisions of the Punjab Gram Panchayat Act, 1952 (for short the Act). By the said order, the appeal field by respondent No. 1 was accepted and the election of the petitioner was set aside on the ground that he was a lessee on the Panchayat land and was, thus, disqualified from being a Sarpanch under Section 6(5)(1) of the Act. The said appellate authority s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of this Court in Dalip Singh v. Faquir Singh and Anr. 1996 114 P.L.R. 119 in support of the proposition that for the default of a father, son cannot be held to be disqualified. He has also submitted that the entry in the revenue record showing the petitioner to be in possession in place of his father could not be relied upon and presumption of truth will not arise in respect of the said revenue en .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itioner was in possession of the Panchayat land land, rejecting his plea that the same was in possession of his son. In a writ of certiorari, the Court does not sit in a appeal over the decision of a Tribunal. The appellate authority, on the basis of the jamabandis Exhibits P3, P1 and P-7 held the petitioner to be in possession of the Panchayat land rejecting the application of the petitioners' .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X