BIPIN PRASAD SINGH Vs. BLOCK DEVELOPMENT OFFICER

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution raises a question of some importance as to what would happen in case a candidate for election to the post of Mukhiya of a Gram Panchayat dies after his nomination paper has been found on scrutiny to be valid and he has not withdrawn from the election before the actual election takes place.

(2.) Facts relevant to the question are that there is a Panchayat known as Boaldah Gram Panchayat within the Kochadhaman Block of the Purnea district. The Block Development Officer of Kochadhaman published an election programme fixing different times scheduled for different stages of the election. The last date fixed for filing of nomination paper was the 26th March, 1971 and on the same day scrutiny of the nomination paper was also to be done. On the scheduled date, three persons, namely (i) Baldeb Prasad Singh. (ii) Muzaffar Hus-sain and (iii) Lalmohan Singh filed their nomination papers. The nomination paper of Lalmohen Singh was rejected after scrutiny and the nomination papers of the first two named candidates were found on scrutiny to be valid and they remained in the field for election to the post of Mukhiya of the said Gram Pan-chayat. The 30th March. 1971 was the last date fixed for withdrawal from contest. Of the two above-named candidates neither withdrew and accordingly a list of duly nominated candidates was published under Rule 25 of the Bihar Panchayat Election Rules. 1959 (hereinafter to be referred to as 'the Rules'). The names of both the persons stood in the said list. The 13th April, 1971. was the date fixed for distribution of symbol and. in fact symbol was allotted to the said two candidates for the post of Mukhiyaship. The date for Poll was fixed as the 24th May, 1971. In between the 13th April. 1971 and 24th May, 1971, i.e. on the 14th April, 1971 the first named candidate, namely, Baldeb Prasad Singh died.

(3.) On the death of Baldeb Prasad Singh, a question arose as to the next step that was required to be taken under the Rules in such circumstances. A reference was made to the Sub-Divisional Officer, Kishanganj for his advice and subsequently to the other authorities under the Gram Panchayat Act for the same end. On the 16th June. 1971. the Deputy Director of Gram Panchayats, Bihar, Patna--vide his letter No. 4026 G. P. dated the 11th May, 1971 Communicated through the Sub-Divisional Officer, Kishanganj--vide his letter No. 538 dated the 16th May. 1971 a copy of which is annexed as Annexure 1 to the writ petition, said that Muzaffar Hussain. the remaining candidate should be declared as Mukhiya. Muzaffar Hussain was accordingly declared as Mukhiya. A reference to the aforesaid letter of the Deputy Director of Gram Panchayats, Patna. was also made in the aforesaid declaration. Muzaffar Hussain haying been declared elected as Mukhiya, this petition has been filed by one of the voters of the said Gram Panchayat with a prayer that the declaration of Muzaffar Hussain as the candidate duly elected for the post of Mukhiya of the Gram Panchayat as contained in Annexure 2 be quashed.