LAKSHMAN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This is an application under Articles 226 and 227 of the Constitution of India for the purpose of quashing an order passed by the Sub-divisional Magistrate reviewing his previous order by which he has rejected the nomination paper of the petitioner before him acting under rule 23(4) of the Panchayat Election Rules (hereinafter called "the Rules') framed under the Bihar Panchayat Raj Act.

(2.) It appears that the election to the post of the Mukhia of Saura Gram Panchayat was to be held and the petitioner as well as the fourth respondent were candidates for the post and filed their nomination papers. At the scrutiny, nominations of both the candidates were accepted by the Election Officer, namely, the Block Development Officer. As against this an objection petition under rule 23 (4) of the Rules was filed by the petitioner as a result of which on the 1st of May, 1978 the Sub-divisional Magistrate rejected the nomination of the fourth respondent. The said respondent then filed a petition of review before him with the result that on the 3rd of May, 1978, the Subdivisional Magistrate set aside his previous order, dated the 1st of May, 1978 and held the nomination paper of the fourth respondent to be valid. Hence this application.

(3.) It appears next that the present writ application was filed in this Court on the 16th of May, 1978 and was admitted on the 19th of May, 1978 and by an order of the same date the election of the Panchayat aforesaid was ordered to be stayed.