SHYAMA PADA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the election of Goalkhar Gram Pancha-yat, within Barbara Block, in the district of Santhal Paragana held on the 16th April, 1970. The petitioner is a voter of the said Gram Panchayat. It is stated in the application that according to an election programme, 6th February, 1970, was the date fixed for filing of nomination papers. The petitioner, in order to contest the election for the office of Mukhiya, presented his nomination paper, duly proposed, but the Election Officer (Respondent No. 2) refused to accept the same on the ground that it was not accompanied by a challan of Rs. 20/-. It is alleged that the petitioner was denied his fundamental right to contest the election by the illegal demand of Rs. 20/- by the election officer. Another line of attack on the election is that two unnotified villages, namely Mashlandpur, Thana No. 148 and Milik Gopalpiir, Thana No. 170 were included in ward Nos. 4 and 1 respectively of the said Gram Panchayat. A copy of the formation of the wards showing the inclusion of those two villages is Annexure '2' to this writ application. It has been asserted that the inclusion of those two villages in Goalkhar Gram Panchayat by the election officer, without any legal authority, has vitiated the entire election. A supplementary affidavit has been filed by the petitioner stating therein that he presented a nomination paper on 5th February, 1970 before the Election Officer without a challan of Rs. 20/- as required under Rule 21 (7) of the Bihar Panchayat Election Rules, 1959, hereinafter referred to as the "Rules", duly proposed by Raghunath Pandit, whose serial number in the voters list is 105 but the election officer refused to entertain the said nomination paper as it was not accompanied by a challan of Rs. 20/-. A copy of the said nomination paper is Annexure '3' to the supplementary affidavit.

(2.) A counter-affidavit has been filed! on behalf of the State of Bihar (Respondent No. 1), in which it is denied that the petitioner filed any nomination paper which was refused by the Election Officer. It is, however admitted that two unnotified villages Maslandpur, Thana No. 148, and Milik Gopalpur, Thana No. 170 were taken into account of Goalkhar Gram Panchayat. It is asserted in the counter-affidavit that the election held on the 16th April, 1970, was held properly in accordance with the provisions of law.

(3.) Mr. S. B. Sanyal, learned counsel appearing for the petitioner, has urged that the election of Goalkhar Gram Panchayat should be declared to be void on both the grounds, namely, illegal demand of nomination fee of Rs. 2Q/- and inclusion of two unnotified villages in the two wards of the aforesaid Gram Panchayat.