UMAKANT SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India a prayer has been made for the issuance of a writ of ccrtiorari quashing Annexure 2, which is an order dated 1st of May, 1978, passed by the Sub-Divisional Officer, Khagaria. By this order, the learned Sub-Divisional Officer, while allowing an application filed by respondent No. 4, rejected the nomination paper of the petitioner for the post of Mukhia of Saur Gram Panchayat.

(2.) This application was first placed before a learned single Judge of this Court for hearing who, by his order dated 13th April, 1979, referred it to a Division Bench.

(3.) The short facts leading - to this application are these: There is a Gram Panchayat called Saur Gram Panchayat in the District of Monghyr, which was established by notification dated 6th Feb., 1973. Village Korchakka is one of the four villages of the said Gram Panchayat. The petitioner and respondent No. 4 Lakshman Sahani filed their nomination papers for the post of Mukhiya of the said Gram Panchayat. The Election Officer accepted the nomination papers of the petitioner and respondent No. 4. Respondent No. 4 filed an application before the Sub-Divisional Officer objecting to the acceptance of the nomination paper of the petitioner. The Sub-Divisional Officer by the impugned order, dated 1st May, 1978, rejected the nomination of the petitioner, on the ground that it was not in keeping with the entries in the voter's list. In his nomination paper the petitioner had described his village as "Gram Panchayat Saur Gram Korchakka". The petitioner thereupon filed a petition of review before the Sub-Divisional Officer who, by his order dated 3rd of May, 1978, set aside his previous order dated 1st of May, 1978, contained in Annexure 2, and held that the nomination paper filed by the petitioner was valid. This order dated 3rd of May, 1978, of the Sub-Divisional Officer, was challenged by respondent No. 4 in C. W. J. C. No. 1409 of 1978. The said application was admitted on 19th of May, 1978, and the election was stayed. By his judgment dated 11th of August, 1978, Madan Mohan Prasad, J., set aside the order dated 3rd of May, 1978, of the Sub-Divisional Officer. The result Was that the order dated 1st of May, 1978, contained in Annexure 2, was restored. The present application was admitted on 19th of August, 1978. The petitioner filed an application under Order VI, Rule 17, and Section 151 of the Code of Civil Procedure on 24th August, 1978, renewing his earlier prayer for quashing Annexure 2 and for staying the election for the post of Mukhiya and to restrain respondent No. 4 from taking oath of the Office of Mukhiya. Notice was issued and respondent No. 4 was restrained from taking oath as well as charge of the Office of Mukhiya.