UMA SHARAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two writ petitioners have filed the present writ petition for quashing the order of the State Election Commission (for short 'the Commission') dated 11 -4 -2001, issued under the signature of the Secretary of the Commission addressed to the District Magistrate -cum -District Election Officer (Panchayat), Nawadah, cancelling the electrion of all the office bearers of the Narhat Gram Panchayat and directing to take steps for fresh election, and for quashing the consequential order dated 12 -4 -2001 issued by the District Magistrate -cum -District Election Officer, (Panchayat), Nawadah, addressed to the Election Officer, Narhat Prakhand informing about the aforesaid order dated 11 -4 -2001 of the Commission and also for quashing the decision of the Commission dated 23 -7 -2001, issued under the signature of the Secretary of the Commission giving direction for holding a fresh election of the different posts of the aforesaid Gram Panchayat. Copies of the said directions/orders have been appended as Annexures 3, 4 and 5, respactively, to the writ petition.

(2.) In accordance with the provisions contained in the Bihar Panchayat Raj Act, 1993 (for short 'the Act') and the Rules framed thereunder, a decision was taken to hold election of the office -bearers of the different Gram Panchayats in the State of Bihar.

(3.) The matter in this writ petition relates to election of office -bearers of Narhat Gram Panchayat within the district of Nawadah. According to the election schedule, a notice in Form 5 vas published on 10 -2 -2001. The date for filing nomination papers was from 15 -2 -2001 to 17 -2 -2001. The date for scrutiny of the nomination papers was fixed as 19 -2 -2001 and the date for withdrawal of the candidature was 20 -2 -2001. The date of poll was 15 -4 -2001. These two writ petitioners filed their nomination papers for their election to the post of member of Narhat Gram Panchayat from Wards No. 7 and 10, respectively. No other candidate filed nomination paper for the aforesaid wards. The petitioners were declared elected uncontested under Rule 51(1) of the Bihar Panchayat Election Rules, 1995 (for short 'the Rules').