BINAY VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for quashing Annexure-1 through which Shri Jamuna Pathak (respondent No. 5) has been declared elected as Pramukh of Narkatiyaganj Block in the district of West Champaran. The election of the Pramukh of the Narkatiyaganj Block was scheduled to be held on the 10th of March, 1979. The petitioner and four others including respondent No. 5 filed nomination papers for the post of Pramukh. Respondent No. 5 was the Vice-Chairman of the Notified Area Committee and was a member of the Panchayat Samiti both in the capacity of his being Vice-Chairman and also in the capacity of having been co-opted as social worker.

(2.) When the scrutiny of the nomination papers was taken up an objection was raised to the effect that respondent No. 5 could not contest in the election of Pramukh as he was Vice-Chairman of the Notified Area Committee. Relying on Section 6 (3) of the Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter called "the Act") the Returning Officer rejected his nomination. Thereafter, as the case is, respondent No. 5 created a serious apprehension of breach of peace and, finding the situation dangerous the Returning Officer again accepted his nomination paper. Thereafter, three candidates withdrew their nominations leaving in the field only two candidates, namely, the petitioner and respondent No. 5, and election was held on that very day in which respondent No. 5 secured 23 votes and the petitioner secured 12 votes. Respondent No. 5 was, therefore, declared elected. He also took oath.

(3.) In this writ petition it has been contended that the Returning Officer had no right to accept the nomination paper of respondent No. 5 after having rejected it once and as such the election itself is void.