SHEODEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner and respondent No. 4 filed their nomination papers for the post of Sarpanch of Saur Gram Panchayat in the district of Monghyr. Saur Gram Panchayat was established by a notification dated 6-2-1973 and consisting of village Saur thana No. 340 with its four tolas. One of the tolas is called Dudhaila. The petitioner's nomination paper was accepted by the Election Officer. A petition was filed by respondent No. 4 before the Subdivisional Officer, Khagaria, who rejected the nomination paper the petitioner stating that the entries in the nomination paper are not in keeping with entries in the voters' list".

(2.) It appears that the petitioner filed a review petition before the Election Officer-cum-Subdivisional Officer and by his order dated 3rd May, 1978, he set aside his order and held that the nomination paper of the petitioner was valid. Against the order dated 3rd of May, 1978, respondent No. 4, Chandra Shekhar Singh filed a writ petition in this court on 16th of May, 1978. The election for the office of Sarpanch was stayed by this court on 19th of May, 1978. The present writ application was filed on 6-6-78 and was admitted on 19-8-78. The writ petition of respondent No. 4 (C.W.J.C. No. 1409 of 1978) was ultimately heard by a learned single Judge of this court and was allowed on the 11th of Aug. 1978. The order dated 3rd May, 1978, was set aside. The result is that the order passed by the Subdivisional Officer respondent No. 2, on 1-5-1978, rejecting the nomination paper of the petitioner has been restored. It is this order which has been challenged in the present writ petition.

(3.) Mr. Prabha Shankar Mishra, learned counsel for the petitioner submitted that Dudhaila is only a tola of village Saur and the nomination paper of the petitioner could not be rejected for the reason that he had mentioned in his nomination paper "Gram Panchayat Saur Gram Dudhaila". According to learned counsel this was not a mistake at all and even if there was certain error the Election Officer should have ignored it. I find from the notification constituting the Gram Panchayat that Dudhaila has been mentioned as one of the tolas of Saur Gram Panchayat. In the nomination paper the petitioner had, as stated above, mentioned "Gram Panchayat Saur Gram Dudhaila". In my opinion, the submission of the learned counsel for the petitioner on this point appears to be correct. On this ground the nomination paper of the petitioner could not have been rejected.