NARMADA PRASAD Vs. Q.M.A. WAHAB

JUDGEMENT

(1.) THIS is a Letters Patent, Appeal from the order of Kotval J. in Miscellaneous Petition No. 116 of 1956.

(2.) THE appellant was elected as one of the members of the Ratanpur Gram Panchayat on 22 -12 -1955. 12 other members, respondents 5 to 16, were also elected as members at that time. The election of the members was notified on 16 -1 -1956. Thereafter the Secretary of the Gram Panchayat issued a notice for a meeting of the members to be held on 29 -1 -1956 for election of the Sarpanch. The election was stayed by the Deputy Commissioner and thereafter another notice was issued by the Secretary for a meeting to be held on 17 -3 -1956 for the same purpose; The petition, out of which this appeal arises, was presented on 7 -3 -1956 on which date the election of the Sarpanch was stayed by the order of this Court. Subsequently that order was discharged but no further meeting has been held till now for election of the Sarpanch.

(3.) THE question is whether the election of the members of the Gram Panchayat is invalid on the ground raised by the appellant in his petition, These grounds are, set out by, the learned single Judge in part 4 of his order. The case of the appellant really hinges upon the question whether the electoral roll was duly published in accordance with Rule 2, Clause IX, of the C.P. and Berar Panchayats Rules. If the publication was invalid, the question whether some of the persons were wrongly included as voters in the electoral roll will not arise. On the other hand, if the electoral Toll was duly published, the only remedy open under the Rules was to challenge inclusion of their names as voters, and as that was not done, the electoral roll would not be open to challenge.