CHANDRAHANS PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India, has been preferred by the sole petitioner against an order dated the 14th June. 1969 (Annexure '3') passed by the Sub-Divisional Magistrate (Respondent No. 3), whereby he has set aside the order of the Returning Officer (Respondent No. 2) and has accepted the second nomination paper filed by Respondent No. 4.

(2.) In order to appreciate the point involved in this application, it will be necessary to state briefly the facts. The petitioner as well as Respondent No. 4 were candidates for the election of the Mukhiya of the Dhrubgama Gram Panchayat in the District of Darbhanga. Respondent No. 4 had filed two nomination papers. On scrutiny both the nomination papers were rejected by Respondent No. 2. Aggrieved by the said order. Respondent No. 4 moved the Sub-Divisional Magistrate (Respondent No. 3) under Rule 23 (4) of the Bihar Panchayat Elections Rules, 1959 (hereinafter referred to as the Rules). The Sub-Divisional Magistrate, as mentioned earlier, accepted the, second nomination paper of Respondent No. 4, a copy of which the petitioner has filed as Annexure '2' to his application. In the impugned order, the Sub-Divisional Magistrate was of the opinion that the defects in the second nomination paper were in the nature of clerical mistake and those could be overlooked under Rule 22 of the Rules, which reads as under:--

(3.) Learned Counsel appearing on behalf of the petitioner has challenged the impugned order chiefly on two grounds, namely--