RAMESHWAR SONI Vs. ASSISTANT BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. It pertains to the election of a Gram Panchayat. The petitioner came with the allegation that he is a resident of village Bhagora, tahsil and block Mhow. He resides with his family in house No. 126 of village Bhagora. He is a voter at No. 56 of the voters' list of ward no. 4 of Gram Sabha Bhagora since 1951. He was elected Sarpanch of Gram panchayat village Bhagora since 1962 and was elected Panch since 1956.

(2.) ELECTIONS to the various Panchayats are being held and voters' list of that village equivalent Citation: was revised in February, 1970 under Rule 10 of the M. P. Gram Panchayat Election and Co-option Rules, The list was published on 24-3-70 under Rule 6. The last date for filing the nomination papers to the office of the Gram Panchayat Bhagora was fixed as 13-4-70 UP to 3 p. m. The petitioner filed his nomination form for the office of Panch,

(3.) WE may mention here that the petitioner has not mentioned at what time he had filed the nomination form, though in the other petition (which is almost on similar grounds) he has given the time and date. The petitioner further alleges that on the last date of the filing of nomination form, i. e. 13-4-70 at about 12. 45 p. m. he received a show cause notice to show cause by 2 p. m. of that day as to why his name should not be excluded from the voters' list. On receipt of this notice, the petitioner further alleges, that he reached the office of the respondent no. 1, that is the Assistant Block Development Officer of Mhow who was the returning officer Gram Panchayat elections and made an application on that day at about 1. 20 p. m. stating that the time given to him for show cause was too short and was difficult for him to produce evidence in such a short time. He therefore, wanted further time. But this was not granted At 4. 30 p. m. on that day he moved an application again to supply a copy of the objection so as to know who has filed the objection and When the objection was filed. But he was told that his name has been excluded from the voters' list already at about 3 p. m. The petitioner was however told the name of the person who had raised the objection. He was gordhan and the objection was raised at 5 p. m. on 12-4-1970.