BHAGWAN SINGH Vs. COLLECTOR DISTRICT GWALIOR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the election of gopal Singh (Respondent No. 3) as Sarpanch of Gram Panchayat, Gadazar, district gwalior.

(2.) ON April 15, 1970, election of the Panchas of the Gram Panchayat was held. The petitioner was elected a Pancha. On August 5, 1970, a meeting for the election of sarpanch and Up-Sarpanch was held, for which a notice had been issued on July 27, 1970, specifying the date, time and place of the meeting. The petitioner and respondent No. 3 were the contesting candidates.

(3.) THE petitioner's contention is that the proceedings of the meeting were void inasmuch as the meeting was called by the Panchayat Inspector and not by the chief Executive Officer, who was the prescribed authority under Section 19 (1) of the Act, This contention is misconceived. The meeting was actually called by the panchayat and Social Education Organizer (Panchayat Ewam Samaj Shiksha sanghathak ). He was the prescribed authority within the meaning of Section 19 (1) read with Rules 79, 77 and 78 of the Rules framed under Sections 12, 21, etc. For a detailed discussion see Bhotey v. Collector, Gwalior, Misc. Petn. No. 109 of 1970 = (reported in AIR 1971 Madh Pra 207 ). This contention is accordingly rejected.