RAM SEWAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the two petitioners who claim themselves to be voteis of Sona Ahuara Gram Panchayat. The reliefs sought for and as given in paragraph No. 52 of the writ application are that (a) the extension of the date of poll from 29.5.1978 to 12.6.1978 was in violation of Rule 17 of the Bihar Panchayat Election Rules, 1959 (hereinafter to be referred as 'the Rules'), and was, therefore, void and without jurisdiction ; (b) that the selection of the polling station was contrary to Rule 31 (i) of the Rules and could not be changed, (c) that the supplementary voters' list is illegal and without jurisdiction and that (d) Ordinance No. 57 of 1978 is ultra vires the Constitution of India.

(2.) At the time of argument Mr. Prabha Shankar Mishra, learned counsel for the petitioners, instead of making any of these prayers, challenged Annexure 8 to the writ application. Annexure 8 is an order dated 29.6.1978 passed by the Sub-divisional Officer (respondent No. 3) directing the Election Officer (respondent No. 4) to announce the result of the election of the Gram Panchayat. Mr. Mishra very imphatically argued that even though no prayer had been for quashing Annexure 8 to the writ application all the foundations have been laid in the writ petition for challenging Annexure 8. He submitted that in that view of the matter he was entitled to challenge Annexure 8. No effort has been made in this connection even for amending the prayer in the writ application. In my opinion since such a prayer has not been made, it is not open to the petitioners to challenge the order contained in Annexure 8 at such a stage and that also without amending the writ petition. Even so I would like to discuss the points raised by Mishra in support of his argument.

(3.) It would be relevant to give some basic facts before I deal with the arguments advanced on behalf of the petitioners. On 14.4.1978 an election programme had been announced by the Election Officer, according to which, the date of poll was fixed on 29.5.1978. It appears that the date of poll was extended from 29.5.1978 to 12.6.1978. The petitioners filed a writ petition in this Court which was registered as C. W. J. C. No. 2032 of 1978. It came up for admission before a Single Bench of this Court on 12.6.1978 and was disposed of with certain observations. The relevant observation is quoted below :-