DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications under Articles 226 and 227 of the Constitution of India arise out of Gram Panchayat elections. As some of the questions involved in them are common, they have been heard together and are being disposed of by this common judgment.

(2.) The petitioner in C.W.J.C. No. 1572 of 1969 is a voter of Damodarpur Bhojpati Gram Panchayat within Mahua Block, in the District of Muzaffarpur, and has prayed for declaring void and without jurisdiction the election of the said Gram Panchayat held on the 13th of November, 1969. The programme for the election was published, on the 23rd of May, 1969, and nomination papers of various candidates for the different offices of the said Gram Panchayat were received on the 5th of June, 1969. According to the said programme, polling was to take place on the 18th of August, 1969. By a general order of the State Government, respondent No. 1, the election of the Panchayat was postponed on account of rain. Block Development Officer, Mahua, respondent No. 4, who was the Election Officer, then fixed up the 13th of November, 1969, as the date for the Poll and the polling did take place on that date. According to allegations, made in the petition, the election is bad on the following grounds.:-- (i) The revised programme for the election was not published by beat of drums in the Wards of the Panchayat as required by Rule 17 of the Bihar Panchayat Election Rules, 1959, (hereinafter to be referred to as 'the Rules'). (ii) According to Rule 31 of the Rules, Polling stations should have been selected by the Sub-divisional Officer, Hajipur, respondent No. 3, but they were, in fact, selected by respondent No. 4. Approval of the District Magistrate was also not obtained. (iii) Rule 21 of the Rules has been amended. The amendment prescribes a non-refundable nomination fee of Rs. 20 for the offices of Mukhia and Sarpanch and a fee of Rs. 10 for other offices. Rule 23, has also been amended authorising the Election Officer to reject the nomination papers which are not accompanied by a receipt showing deposit of the nomination fee. These amendments of Rules 21 and 23 are beyond the rule-making powers of the State Government under Section 80 of the Bihar Panchayat Raj Act, 1947 (hereinafter to be referred to as 'the Act'). The amendments are also bad as they have the effect of adding another disqualification to the disqualifications enumerated under Section 79 of the Act. (iv) The electoral roll of the Gram Panchayat was not revised as required by the rules as a result of which large number of persons were deprived from exercising their franchise in the election held on the 13th November 1969. (v) Two villages, Rajopur Baraie and Baraie, of Lalganj Police Station lying within Lalganj Block have also been included in the Damodarpur Bhojpati Gram Panchayat with the result that the voters of those villages will have a say in the election of the Panchayat Pramukh for the Panchayat Samiti of Mahua Block. Respondent Nos. 5, 11 and 14 (who?) have been elected to some of the offices of the Gram Panchayat at the said election have been described as residents of the aforesaid two villages.

(3.) Two counter-affidavits have been filed, one on behalf of respondent No. 5, one of the elected persons and another on behalf of respondent No. 4. They, inter alia, state that the revised poll programme was published in the different Wards of the Gram Panchayat by beat of drums, that the polling stations were selected by the Sub-divisional Officer and approval of the District Magistrate was obtained, that amendments of Rules 21 and 23 were legally made by respondent No. 1 and they were within its competence, that the voters' list was amended and revised up to the year 1968 and the election on the 13th November, 1969 was held on the correct voters list "for the time being in force" within the meaning of Rule 5 of the Rules and that the two villages Rajopur and Baraie are within Mahua Block, It is further stated in the counter-affidavit filed on behalf of respondent No. 5 that respondent Nos. 5, 11 and 14 are residents of villages within Damodar Bhojpati Gram Panchayat within Mahua Block, that the two villages lie within Mahua Police station and not within Lalganj Police Station and that the present petition has been filed at the instance of Bindeshwari Pd. Sindh, ex-Mukhia of the Gram Panchayat, who has been defeated at the poll and has also filed an election petition before the Election Tribunal under Rule 70 of the Rules.