KAILASH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is for a declaration that the election of respondents Nos. 6 to 9 to the various offices of the Panapur Gram Panchayat held on llth June, 1971, was void.

(2.) The facts leading to this application are these. There is a Gram Panchayat constituted under the Provisions of the Bihar Panchayat Raj Act, 1947 within the jurisdiction of Minapur Assembly constituency and the petitioner is a voter of the said Gram Panchayat. The said Gram Panchayat consists of villages Panapur, Piprahi and Kharika. On 1st November, 1969, the Block Development Officer-cum-Election Officer, Minapur, respondent No. 4, published an election programme under Rule 17 and a voters' list under Rule 13 of the Bihar Panchayat Election Rules, 1959 thereinafter called 'the Rules') and invited nomination papers for the various offices of Panapur Gram Panchayat on the 10th November, 1969. A copy of the said programme is annexure '1' to this writ application. The petitioner along with others filed nomination papers for the office of Mukhiya and his nomination paper was accepted. Respondents Nos. 10 to 13 filed their nomination papers for the office of Panch and respondents Nos. 14 and 15 for the office of Executive Committee and there being no contest, respondents Nos. 10 to 15 were declared elected uncontested to the offices of Panch and Executive Committee respectively under Rule 26 of the Rules on 28th November, 1969. As such, contest remained for the office of Mukhiya, Sarpanch and the remaining members of the Executive Committee from wards 2 and 3. The poll was to be held on 3rd January, 1970. But in the meantime, the State Government for the reason stated in the order, postponed the holding of election indefinitely. In this connection, it may be mentioned that a booth list had been prepared and duly published for holding the said election a copy of which is annexure '3' to this Writ application. According to that list four polling stations were fixed and a total number of voters who were to cast their votes at all the polling stations was 4591 out of which 289 voters were shown as deleted and the remaining 4302 voters were to cast their votes.

(3.) A fresh election programme was published on 20th April, 1971 along with a voters' list of the Gram Panchayat. A copy of the said programme is annexure '4' to this writ application. According to this voters" list out of 4943 voters, 413 were shown as dead and the remaining 4530 were to cast their votes. On 30th April, 1971 nominations were received for the offices of Mukhiya, Sarpanch and two members of the Executive Committee. Several persons filed their nomination papers including respondents Nos. 6 to 9. Finally on llth June, 1971 the poll was held and respondent No. 6 was declared elected as Mukhiya, respondent No. 7 as Sarpanch and respondents Nos. 8 and 9 as members of the Executive Committee. It is stated in the writ application that on 15th May, 1971 the Election Officer, respondent No. 5 prepared a list of polling stations and on the same date it was sent to the sub-divisional officer, respondent No. 3, for approval. On 20th May, 1971, the said list was approved by the District Panchayat Officer, respondent No. 16. The list of polling stations was approved by the District Magistrate on 22nd May, 1971. A copy of the list of polling stations is annexure '5' to this writ application. According to this list (annexure '5') six polling stations were created and the number of voters who were to cast their votes at the different polling stations was 5306 whereas the 'number of voters shown in the voters' list as published on 20th April, 1971 was only 4943. Obviously, there was a duplication of voters which was corrected before the poll took place on llth June, 1971.