SHEOKUMAR BALARAM PATHAK Vs. M A KHAN

JUDGEMENT

(1.) This Letters Patent appeal has been filed by the petitioner Sheo Kumar against the order of Sen J, dismissing his petition (Misc. Petition No. 29 o 1957) in motion hearing on 5-2-1957.

(2.) The petitioner and respondent No. 5 Jagan-nath Prasad were Panchas of the Gram Panchayat of mouza Ghutku, Tahsil and District Bilaspur. A meeting was held on 7-1-1957 for electing a Sar-panch. It was presided over by Jhagruram (respondent No. 3). The petitioner and Jagannath Prasad (respondent No. 5) were candidates for the office of Sarpanch. The petitioner objected to the nomination of Jagannath Prasad on the ground that he was in arrears of taxes payable to the Gram Panchayat for one year and was not, therefore, duly qualified for contesting the elections. The objection was rejected by respondent No. 3, who as stated above, presided over the meeting. After the election. Jagannath Prasad (respondent No. 5) was declared duly elected. In the petition it was also stated that the election was invalid on the ground that the ballot papers were not properly marked.

(3.) At the time of arguments, an objection was raised on behalf of the respondents that the petition for issue of a writ quashing the election was not tenable, in view of the fact that a remedy is provided for challenging the election by way of an application to the Deputy Commissioner under rule 2 of the Rules framed under Section 144(2)(ii) of the Central Provinces and Berar Panchayats Act 1946 (No. I of 1947) -- hereinafter referred to as the Panchayats Act. It was urged that as the petitioner did not pursue the proper remedy, he was not entitled to any relief.