RAMCHANDRA PRASAD BAID Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner's nomination paper for the post of Mukhiya was accepted by the Election Officer. An appeal was filed before the Subdivisional Officer against the order of the Election Officer accepting the nomination of the petitioner under the provisions of Rule 23 (4) of the Bihar Panchayat Elections Rules (hereinafter referred to as the Rules).

(2.) The Subdivisional Officer, by his order dated the 16th March, 1971 has rejected the nomination paper of the petitioner for the post of the Mukhiya on the grounds that in 1970 his nomination paper was rejected by the Election Officer and, therefore, he had no right to file nomination paper for the same post and secondly he had not deposited the nomination fee again. Hence this application has been filed to quash the order of the Subdivisional Officer, rejecting his nomination paper.

(3.) The learned counsel for the petitioner submitted that the two grounds for the rejection of the nomination paper are irrelevant. Firstly, he submitted that if in 1970 his nomination paper was rejected on some ground or the other, no law prohibits him from filing a fresh nomination paper in 1971, when a fresh election is held. Secondly, he submitted that he had already deposited the requisite fee in 1970, at the time of the filing of his nomination paper, and, therefore, he was not required to deposit fresh fee when he filed fresh nomination paper for the post of Mukhiya in 1971. For this purpose, he relied upon Notification No. 2010 dated the 17th March, 1971, issued by the Government of Bihar in the Community Development and Panchayat Department, the relevant portion of which may be quoted here:--