MOTI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution challenging the validity of the election to the Nyaya Panchayat Santhal and the validity of the election of Bhonrilal respondent No. 4 as Sarpanch of the Nyaya Panchayat. The petition was contested on behalf of respondent No. 9.

(2.) THIS Nyaya Panchayat was constituted under sec. 278 of the Panchayat Act under a notification published in the Gazette dated 14th January, 1961 in which it was stated that the Nyaya Panchayat will be constituted with effect from 15. 2. 61. The elections of the members of the Nyaya Panchayat were held on 12. 2. 61. The contention on behalf of the petitioners is that since the Nyaya Panchayat was not then in existence the election of that body was void. In my opinion, this argument has no force. A perusal of the notification shows that a Nyaya Panchayat was established at Senthal for five Panchayat circles mentioned therein. THIS Nyaya Panchayat could not function before 15. 2. 61. The notification was published sufficiently before 15th February, 1961 in order that the elections of the Panchas and the Sarpanch of the Nyaya Panchayat may take place before that date to enable the Nyaya Panchayat to function from 15. 2. 61.