JYOTI BAI Vs. CIVIL JUDGE NAGAUR

JUDGEMENT

(1.) THIS is a special appeal against the judgment of a learned single Judge of this Court dated the 24th July, 1962 dismissing the appellants' writ application under Article 226 of the Constitution of India.

(2.) THE facts giving rise to it are that after the general election of the Mundwa Gram Panchayat. , two ladies were to be co-opted to the said Panchayat and for that purpose, the co-option proceedings were held on 5th January, 1960. THE appellants were declared co-opted to the panchayat while the nomination papers of respondents Nos. 2 and 3 Smt. Heeran and Smt. Pyarudi were rejected by the Sarpanch on the ground that the Panchas who had filed the nominations had not taken oath under sec. 15 of the Rajasthan Panchayat Act, 1953 (Act. No. XXI of 1953 - hereinafter to be referred to as the Act ). THE respondents Nos. 2 & 3 thereupon filed election petitions under Rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules, 1960 (hereinafter to be referred to as the Rules) challenging the co-option of the appellants. THE learned Civil Judge came to the conclusion that it was not necessary for the Panchas to take oath before filing the nomination papers of respondents Nos. 2 and 3 and that their nominations were wrongly rejected. He, therefore, allowed the election petitions and declared the co-option proceedings to be void. Aggrieved by that decision dated the 4th October, 1961, the appellants filed writ application under Article 226 of the Constitution of India in this Court. THE learned Judge who heard the said application followed the view earlier taken by him in Manakchand Vs. THE State of Raj. (l) and Moolchand Jhanjhari Vs. Collector Ajmer (2) and upheld the decision of the Civil Judge. It is against this decision that the present appeal is directed.