SOMA Vs. ARJUN

JUDGEMENT

(1.) The petitioners have filed this petition under Arts.226 and 227 of the Constitution in the matter of elections under the M. P. Panchayats Act with a prayer to quash the results which were declared on 11-4-84 (Annex. F and Annexure G), on the ground that in fact elections on 8-4-1984 of the Sarpanch as also that of the Upsarpanch had not taken place at all.

(2.) The facts giving rise to this petition may be stated, in brief, thus the petitioners and respondent Nos. 1 to 4 are the residents of Gram Panchayat of village Maltar. Respondent 2 Ramsingh and respondent 3 Sitaram were elected Sarpanch and Upsarpanch of Gram Panchayat, but as a no confidence motion was moved they were removed from their post, the no confidence motion having been passed against them on 27-1-84.

(3.) Thereafter respondent 5 was appointed as the notified authority for holding elections under R.80 of the Gram Panchayat Sarpanch and Upsarpanch Election Rules 1982. The respondent 5 by a notice d/-1-4-84 directed that under S.15 of the Act elections of Sarpanch and Upsarpanch would be held on 8-4-1984 at 11 a.m. in Panchayat Bhawan of Maltar as per annexure A.