ADHIK LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner and respondents Nos. 3 to 8 filed their nomination papers for election to the office of Mukhiya of Raj Amouja Gram Panchayat in the district Madhubani. The date of filing of nomination paper has not been given in the application and the learned Counsel appearing for the parties are not in a position to supply that date at present but, as stated in paragraph four of the application, the date fixed for the poll was the 3rd of June, 1978. As such, the nomination papers were received prior to 3.6.78. There were six polling stations in the Panchayat, viz., polling booth Nos. 13 to 18. On polling booth No. 13, the poll was disturbed at about 215 p. m. and a first information report was lodged by the polling officer against some persons. On five other polling booths, the polling concluded peacefully. Polling on booth No. 13 was adjourned by the Election Officer on account of the interruption on that booth. The petitioner filed an application on 7.6.78 before the Election Officer cum Sub-divisional Officer, Jhanjharpur, for fixing a date of poll for the remaining voters of booth No. 13. The respondent-Election Officer by his order dated the 8th June, 1978. cancelled the polling of all the polling stations and ordered that re-polling on all the booths will take place on a date to be specified later. This order is contained in Annexure 3 of the application. The petitioner has prayed for the issuance of a writ of certiorari quashing the order dated the 8th June, 1978, contained in Annexure 3, or to modify the said order by directing the respondent-Election Officer to hold the polling at booth No. 13 of the remaining voters only.

(2.) Shri Mani Lall, learned Counsel appearing for the petitioner, has submitted that the order passed by the respondent-Election Officer is illegal and without jurisdiction inasmuch as he cannot order for re poll to be taken at all the polling stations nor can he cancel the poll taken at the booths where it had been conducted peacefully. He has drawn my attention to rule 50 of the Bihar Panchayat Election Rules, 1959, the relevant portion of which reads as under :

(3.) According to rule 90, if the election is not held for some reason or the other within a period of six months from the date of filing of nomination papers, it shall be held after calling for fresh nomination papers. Rule 90 reads as under: