RATANLAL DAMODARJI Vs. KANHAIYALAL RAGHUNATH SINGH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of certiorari or any other kind of writ or direction for quashing the election of a Kendra Panch or Kendra Panchayat Ujjain from the village Harsodan, and for quashing the order of the returning officer rejecting Petitioner's nomination form contrary to law.

(2.) THE Petitioner is a resident of the village Harsodan and is a Panch of the Village Panchayat there. The Collector Ujjain, who is opponent No. 3, who was the officer competent to fix the programme for the cooption of Mahila Panch and the election of Sar Panch, Up -Sar Panch and Kendra Panch within the region under his jurisdiction issued a programme for the purpose sometime prior to 6 -8 -1956. In accordance with the programme thus notified the nomination forms for the election to Kendra Panchayat were to be submitted on 26 -8 -1956. The nomination forms thus submitted were to be scrutinized the same day. The election to Kendra Panchayat and the declaration of the result of such election was to take place the following day. At the time the programme was thus notified there were six Kendras (centres) in Ujjain District and the village Harsodan was included in Tajapur Kendra. On 6 -8 -1956 the Collector Ujjain approved the issue of orders of appointment of returning officers for the Gram Panchayat constituencies within his region and for the Gram Panchayat Harsodan Shree Satyanarayan Pathak was chosen. The said officer could not accept the work and by another order dated 14 -8 -1956 opponent No. 2 Ida Shah was put in his place.

(3.) IN spite of this reorganization of the Kendras no modification was made in the election programme and no fresh appointments were made of the returning officers and the election of a Kendra Panch for Kendra Panchayat Ujjain from the village Harsodan was conducted by the opponent Ida Shah in accordance with the programme previously notified. The Petitioner as well as opponent No. 1 were the contestants to this office. Nomination forms of both of them were submitted on 26 -8 -1956. However on scrutiny on that date the returning officer Ida Shah rejected the nomination form of the Petitioner on the grounds that he had mentioned wrong name of the Kendra for which he sought election and that he had not mentioned 'Kendra Panch' as the office for which he had sought election. He had mentioned 'Panch' only. The opponent No. 2 whose form was approved being the only candidate in the field was declared elected as a Kendra Panch.