C YERRAIAH Vs. R

JUDGEMENT

(1.) Is the nomination of a candidate for election to a Gram Panchayat liable to be rejected on the ground that the proposer happens to be the Head Master of a Zilla Parishad High School? That is the short and interesting question which is mooted in this Writ Petition.

(2.) The Petitioner is one Chintapudi Yerriah. He is a ratepayar of the Kota Gram Panchayat and is a voter therein. His serial number is 974. The elections to the Kota Gram Panchayat were notified to take place in May, 1964. The petitioner filed his nomination on 18/5/64 as a Girijan candidate in the sixth constituency. His nomination was proposed by one T. Sundaresam who is a voter in that constituency. This person also happens to be the Head Master of the Zilla Parishad High School in Kota. The nomination of the petitioner was rejected by the Election Officer by an order dtd. 19/5/1964. The order reads thus:

(3.) Against that order, the petitioner preferred an appeal to the Revenue Divisional Officer, who is the Deputy Election Authority, who by his order dtd. 22/5/64, dismissed the appeal and his order runs as follows: