UPENDRA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was a candidate for the office of the Mukhia of Kasba Gram Panchayat in the district of Bhagalpur. He filed his nomination paper, which was proposed and seconded. The nomination paper has been rejected on the ground that the proposer does not fulfil the requirement of Rule 21 (4) of the Bihar Panchayat Election Rules, 1959 (hereinafter referred to as the (Rules). Rule 21 (4) is as follows:

(2.) The petitioner in this case was represented by Mr. L. K. Bajla, who contended that Rule 21 (4) is illegal and beyond the powers of rule-making authority. We had the able assistance of the Advocate-General in this case on behalf of the State, who combated the propositions advanced by the learned counsel for the petitioner. His clear enunciation of legal principles was of assistance to the Court.

(3.) Although the learned counsel for the petitioner did not put his argu ment in the form, in which I am enunciating, the points that do arise for consideration are two: