LAWS(PAT)-1964-2-17

BHAROSA SINGH Vs. SHEO BARAN SINGH

Decided On February 24, 1964
BHAROSA SINGH Appellant
V/S
SHEO BARAN SINGH Respondents

JUDGEMENT

(1.) In this case there was a polling for the election of a Mukhiya and Sarpanch of Hatinawan Gram Panchayat on the 17th August, 1962. There was another polling for election to the posts of Ranches and members of the Executive Committee of the same Gram Panchayat on the 18th August, 1962. As a result of tha pollings respondent No. 1 was elected as the Mukhiya of the said Gram Panchayat, respondent No. 2 as the Sarpanch, respondents Nos. 3 to 5 as the Ranches and respondent No. 7 as a member of the Executive Committee. Respondents Nos. 6, 8, 9 and 13 were also declared elected uncontested to the office of a Panch and members of the Executive Committee on the 4th August, 1962. The case of the petitioner is that the whole election is illegal as there has been a violation of the mandatory provisions of Rule 17 of the Bihar Panchayat Election Rules which states as follows :

(2.) In these circumstances the petitioner has Detained a rule from the High Court calling upon the respondents to show cause why the election of the respondents to the various offices of Hathiawan Gram Panchayat of the 17th and 18th August, 1962, should not be quashed by grant of a writ in the nature of certiorari under Article 227 of the Constitution.

(3.) Cause has been shown by learned Counsel on behalf of the respondents to whom notice of the rule was ordered to be given.