LAXIMNARYAN GUPTA Vs. THE COLLECTOR, DISTRICT SHIVPURI

JUDGEMENT

(1.) BY this petition under Article 220 of the Constitution of India the applicant prays for the issue of an order of mandamus to direct the Collector of District Shivpuri to continue and complete an election to Gram Panchayat of Pichhore.

(2.) THE Gram Panchayat of Pichhore is one of the Panchayats constituted under Madhya Bharat Panchayat Act, 1949 (Act No. 53 of 1949), & is composed of members elected in accordance with the provisions of the Panchayat Act and the rules made thereunder. Section 17 of the Act lays down that every Gram Panchayat shall exist for a term of three years and thereafter until a new Panchayat is constituted by a fresh election.

(3.) MR . Inamdar learned Counsel for the Petitioner contended that under the Panchayat Act or the rules made thereunder, the Government had no power whatever to order the postponement of the election after the fixation of the date by the Development Commissioner for the publication of the list of voters and that the Nirwachan Adhikari was not justified in postponing the election on a ground which did not fall under Rule 21.