PANCHAM RAMCHARAN Vs. COLLECTOR DIST BHIND

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the election of a Panch for the Gram Panchayat, Barathara.

(2.) IT is stated in the petition that the last general election of the Panchayat was held on May 23, 1970. Nathuram (respondent No. 4) and Laxminarayan (respondent No. 5) were candidates from ward No. 2. The said Nathuram was declared elected.

(3.) THE petitioner is a voter. His contentions are: (1) The voters list was not prepared as required by the rules, framed under Section 5, of the Election and Cooption rules, 1963. (2) The voters list became final when it was published in the gazette dated March 30, 1970, but 8 names were added in the voters list "after 15-70. " In the petition, the significance of that date is not stated but before us it is said that on that date nomination papers were filed and scrutinised. Addition of names after the date of nomination was not permissible under the rules. (3)Nathuram was disqualified inasmuch as he was a defaulter in respect of arrears of taxes of the Panchayat after notice of demand. (4) The Presiding Officer, who presided, was not appointed specifically under Rule 63 of the Panchayat Election and Co-option Rules, 1963, although he was appointed by the Nirwachan Adhikari under Rule 18 of the Rules. (5) Laxminarayan should have been given the Symbol of bullock, but it was not given to him although Nathuram had not demanded that symbol.