RAM BABU Vs. ADDITIONAL SUB

JUDGEMENT

(1.) These two writ petitions have been referred by a learned Single Judge to a Division Bench together with another Civil Miscellaneous Writ Petition No. 3107 of 1961 as they raised an important question of law about the validity of the rules framed by the U.P. Govt. under the U.P. Panchayat Raj Act. There was further indication that the same question of law also arose in Special Appeal No. 537 of 1961. Consequently, all these three writ petitions and the special appeal were heard together by us on this one question. On hearing learned counsel we find that in these two writ petitions Nos. 3044 and 3106 of 1961 that question of law is the only question of law that needs to be decided, and learned counsel appearing for the petitioners, have clearly stated before us that, apart from that question of law, they do not want to argue or urge any other point. In writ petition No. 3107 and special appeal No. 537 of 1961, certain other points are also involved which require decision. Consequently, having heard learned counsel on the question of law, we proceed to decide that question of law in these two writ petitions and the decision in these two writ petitions of that question will govern the other two connected cases to that extent.

(2.) In all these cases, election petitions were presented to the proper Sub-Divisional Officer under Sec. 12-C (I) of the Panchayat Raj Act read with Rule 24 of the Panchayat Raj Rules. Subsequently, three of these election petitions were transferred to the Assistant Collector 1st Class and one to the Additional Sub-Divisional Officer and they were ultimately decided by these officers to whom they were transferred. The decisions given by these officers were challenged by presentation of these writs in this Court on the ground that these officers did not have jurisdiction to decide the election petitions and that the rules under which they were transferred to these officers were ultra vires the power of the State Government to make rules under the U.P. Panchayat Raj Act.

(3.) All these election petitions had been transferred under sub-R. (5) of R. 25 of the Panchayat Raj Rules under which the District Magistrate was given the power to withdraw any application under sub-Sec. (1) of Sec. 12-C of the Act pending in the district for disposal and himself try or dispose of the same or transfer the same for trial or disposal to any Assistant Collector of 1st Class in the district or transfer the same for trial or disposal to the officer from whom it was withdrawn. This sub-R. (5) of R. 25 further lays down that the provisions of R. (4) of this rule (R. 25) shall mulatis mutandis apply for trial and disposal of the application so withdrawn or transferred. The point urged on behalf of the petitioners was that, under Sec. 12-c (1) of the Act, an election petition had to be presented to such authority as may be prescribed and the only authority prescribed under R. 24 of the Panchayat Raj Rules was the Sub-Divisional Officer and that, having once been presented to the Sub-Divisional Officer that petition could not be decided by any other authority except that Sub-Divisional Officer. Reliance in support of this proposition was placed on the provisions of sub-Sec. (4) of Sec. 12-C which reads as follows:-