SULTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Sultan Singh challenging the co-option of respondents Nos. 7 to 12 as members of the Mahuwa Panchayat Samiti and the election of respondent No. 4 as Pradhan of the Mahuwa Panchayat Samiti. The petition was contested by Kishorilal respondent No. 7 who filed a reply.

(2.) THE facts are not disputed. THE Mahuwa Panchayat Block is constituted of 14 Panchayat Circles and one Tehsil Panchayat Circle. THE term of four out of these 14 Pan-chayats had expired when the co-option of the members of the Panchayat Samiti took place on 18th September 1959. Respondent No. 5 is the Sarpanch of one of these Panchayats namely Talchidi Panchayat. He however took part in the co-option of members. THEre were thus Sarpanches of 11 Panchayats and one Tehsil Panchayat who took part in the co-option. THEre were 12 candidates for co-option of six members. THEre were two groups amongst the members who voted, each consisting of 6 members. One group voted for one set of 6 candidates and other group voted for the other set of 6 candidates. As the votes were equally divided the candidates were co-opted by drawing lots. By chance 3 candidates of each group thus got co-opted. THE result was that on 23. 9. 59 when the election of Pradhan took place 9 persons voted for Sultan Singh petitioner and 9 voted for Bishambardayal respondent No. 4. Lots were again drawn and Bishambardayal was declared elected as the Pradhan.