JYOTI BAI Vs. CIVIL JUDGE NAGAUR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by Smt. Jyoti Bai and Smt. Singari Bai against an order of Civil Judge, Nagaur, acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960.

(2.) TWO women were to be co-opted on 5th January, 1960. Nomination papers were filed by Smt. Jyoti Bai, Smt. Singari Bai, Smt. Heeran and Smt. Pyarudi. The nomination papers of Smt. Heeran and Smt. Pyarudi were rejected by the Sarpanch on the ground that the Panchas who had nominated them had not taken the oath of office prescribed under sec. 15 of the Rajasthan Panchayat Act. He accordingly declared Smt. Jyoti Bai and Smt. Singari Bai as duly co-opted without taking a poll. Smt. Heeran and Smt. Pyarudi challenged the co-option of Smt. Jyoti Bai and Smt. Singari Bai on the ground that their nomination papers were wrongly rejected by the Sarpanch. The learned Civil Judge followed the decision of this Court in Mool Chand Jhanjhari Vs. Collector Ajmer (1) and held that it was not necessary for a Panch to take oath of office before filing a nomination paper. He accordingly set aside the co-option of the petitioners. The petition has been contested on behalf of Smt. Heeran and Smt. Pyarudi.