RAMLAKHAN SINGH Vs. COLLECTOR SATNA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the co-option of two members and the election of the President and Vice-President of the Janpad Panchayat, Unchehara.

(2.) AFTER declaration of the results of the co-option and election, the Collector, Satna, notified the result of the election as required under section 113 of the M. P. Panchayats Act, 1962, (hereinafter called the Act), in which he notified the election of elected members, co-opted members and President and Vice-President of Unchehara Panchayat. Several contentions are raised in this petition to urge that the co-option of the members on August 2, 1972, and the election of the President and the Vice-President on August 9, 1972, are bad in law.

(3.) IN Ponnuswami v. Returning Officer (A I R 1952 S C 64 = 1952 S C R 218.) the question was whether there can be interference by way of a writ with an order rejecting a nomination paper filed for election under the Representation of the People Act. It was held that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate manner before a special tribunal and should not be brought up at an intermediate stage before the Court.