GURUDEO DAS Vs. ELECTION OFFICER GRAM PANCHAYAT ELECTION

JUDGEMENT

(1.) By this application filed under Articles 226 and 227 of the Constitution of India, petitioner Gurudeo Das has challenged the election of Hardeo Prasad (respondent No. 6) to the post of Mukhia of Mohammadpur Gram Panchayat, in the District of Patna.

(2.) The case of the petitioner is that in between the date fixed for filing nomination papers (26th of March, 1971) and the date of polling (8th of June, 1971), names of 179 persons were added to the voters' list on the 5th of May, 1971. His further case is that out of these persons 150 actually took part in the voting and as such the entire election was vitiated and ought to be quashed by issue of a proper writ.

(3.) The fact that 179 voters were added to the original list is admitted by respondent No. 6 who is the elected Mukhia and with whom the petitioner has got the real contest, but the case of respondent No. 6 is that the petitioner had prior knowledge of this inclusion of names to the voter's list and he did not choose to come to this Court earlier. The other two points on which the application has been challenged before me as not maintainable are that the petitioner having acquiesced and taken part in the election, he cannot now turn round and challenge the same in a Court of law much less by filing an application under Articles 226 and 227 of the Constitution, and that, admittedly, an election petition filed by Kashi Rai, a voter of the constituency, is pending disposal. In that petition also it has been prayed that the aforesaid election be set aside on account of the inclusion of the names of 179 voters in between the date of filing nomination papers and the date of polling and that the petitioner before this Court be declared to be a duly elected Mukhia.