BABAR ALI SARDAR Vs. MANIMOHAN PATRA

JUDGEMENT

(1.) The point for decision in these two cases under Article 226 of the Constitution is whether the Appellate Authority under Rule 13 of the West Bengal Panchayat Rules, 1958, has to act in a quasi-judicial capacity, in disposing of the appeal and, if so, the petitioner in the two cases are entitled to the relief claimed.

(2.) The petitioners are voters for election to the Aanchal Panchayat of two areas respectively, namely, Bakra and Salap Anchal Panchyat. The nomination papers submitted by the petitioners under Rule 10(1) of the said Rules, were however, defective and were, accordingly, rejected by the Returning Officer (O.P. No.2), contending that the defect in question was not of a 'character within the meaning of Rule 10(3), proviso. The petitioners took an appeal to the District Panchayat Officer (O.P. No.3) under the provisions of Rule 13, on the ground that their names were wrongly omitted from the list. The provisions of Rule 13 may profitably be reproduced at once :

(3.) The petitioners' grievance is that the Appellate Authority rejected their appeal without hearing the petitioners and even without issuing a notice of any hearing to them. The opposite parties do not say that O.P. No.3 did issue such notice but contend that he was not required to do any such thing under the provisions of Rule 13.