KARAM SINGH Vs. SUB-DIVISIONAL OFFICER (CIVIL) MANSA

JUDGEMENT

(1.) The circumstances leading to the filing of this civil writ petition under Articles 226 and 227 of the Constitution of India are as follows :-

(2.) The simple question for decision is whether the polling can be resumed under the rules from the stage at which it was disturbed on the afternoon of 26th June, 1972. The petitioner's case is that the entire polling should be held afresh. In this connection, the main reliance of the contesting respondents is on rule 3(3) and proviso (b) to rule 22 of the Gram Panchayat Election Rules, 1960. These rules are reproduced below :

(3.) There is nothing in proviso (b) to rule 22 which may seem to support the argument of Shri Harbans Lal, the learned counsel for the petitioner, that the polling could be resumed after a break only on the date originally fixed in the programme for the polling and counting of votes. Sub-rule (3) of rule 3 may seem to give the Government or the Deputy Commissioner wide powers to amend. vary or modify the election programme at any time and no such order shall be deemed to invalidate any proceedings already taken before the date of the order unless otherwise directed by the Government.