LAKHAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application Tinder Articles 226 and 227 of the Constitution of India for issue of an appropriate writ quashing an election in respect of Kaba-Ghosi Gram Panchayat of Hilsa Block in the subdivision of Bihar Sharriff in the District of Patna held on the 22nd of November, 1971.

(2.) It is said that as per election programme for the general election of the offices of the Mukhiya, Sarpanch, Panches and members of the Executive Committee of the aforesaid Gram Panchayat, nomination papers were to be received on the 26th of March, 1971, and the polling was to be held on the 15th June, 1971. On that date, polling started _at four polling stations. At two of them, at Alipore and Ghosi booths, however, there was an interruption in the election on account of violence. From the polling booth at Alipore, even the ballot boxes had been forcibly taken away while the polling was going on. For this reason, the poll at these two booths was adjourned. On the 30th of October, 1971, a new programme for the adjourned polling was issued; according to which the 16th of November, 1971 was the date fixed for the adjourned polling. It appears, however, that for some reason or the other, the polling was not held on this date, and, it appears that a fresh programme was issued on the 20th November, 1971, according to which the polling was fixed for the 22nd of November, 1971. It is said that the poll held at Alipore was a fresh one, whereas the poll held at Ghosi was an adjourned one. On this date, polling was held and ultimately the result of election was declared, whereby respondents 5 and 6 were elected Mukhiya and Sarpanch respectively. It is said that respondents 7 to 14 were declared elected without any contest either as Panches or members of the Executive Committee.

(3.) It is said on behalf of the petitioners, who are said to be the electors of the aforesaid Gram Panchayat that on account of the adjournment of the polling from the 16th November, 1971 to the 22nd November, 1971, they had no knowledge of the adjournment date of polling, and, as such, they could not exercise their right to vote. It has been next said that this was done in violation of Rules 17, 31 and 91 of the Bihar Panchayat Election Rules, 1959 (hereinafter referred to as 'the Rules'); and the aforesaid rules being mandatory, the election was a nullity and it ought to be set aside by this Court.