ANANT KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) In this writ application filed under Arts.226 and 227 of the Constitution the petitioner prays for quashing Annexure-1 dated 4th Feb. 1984 under which the Sub-divisional Officer, Madhepura as Returning Officer (respondent No. 3) has declared respondent No. 6 Ram Krishna Yadav as Pramukh of the Panchayat Samiti, Kumarkhand, in the district of Madhepura.

(2.) The petitioner was the Up-Pramukh of the aforesaid Panchayat Samiti and one Matukdhari Mandal was the Pramukh of the said Samiti. The said Matukdhari Mandal subsequently became a member of the Zila Parishad, Madhepura, under the provisions of S.36 of the Bihar Panchayat Samiti and Zila Parishad Act, 1961 (Bihar Act VI of 1962) (hereinafter called 'the Act'), and thereafter he was elected as Chairman of Zila Parishad in Sept. 1982. The said Matukdhari Mandal died on 29th July, 1983. Accordingly, under the provision of sub-sec: (3)(d) of S.6 one Kamla Prasad Chaudhary was nominated as a member of the said Samiti from the category of social workers. He also died in the year 1983, and, accordingly, the vacancy was filled up by nomination of Ram Krishna Yadav (respondent No. 8) as a member of the aforesaid Samiti in place of the vacancy created on the death of Kamla Prasad Chaudhary. A copy of the notification dated 11-1-1984 under which respondent No. 6 was nominated as a member has been annexed as Annexure-2.

(3.) It appears that for election of the Pramukh of Kumarkhand Panchayat Samiti a notice dated 24-1-1984 was sent by respondent No. 3, who was the Returning Officer, to the petitioner intimating that a meeting for the election of the Pramukh of Kumarkhand Panchayat Samiti would be held on 4th Feb. 1984, at 10 a.m. True copies of the notice and the programme have been made Annexures 3 and 4 respectively. In pursuance of the said Annexures 3 and 4, respondent No. 6 who secured the maximum votes was declared elected as Pramukh under Annexure-1 aforesaid.