NIRANJAN SINGH Vs. COLLECTOR, SRIGANGANAGAR AND ORS.

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constituion of India, the petitioner, Niranjan singh, who is Up -Pradhan of Panchayat Samiti, Anupgarh (hereinafter referred to as 'the Panchayat Samiti') has challenged the validity of the 'election of the members of the standing committees of the Panchayat Samiti held on 10th February, 1982 and notified on 11th February, 1982 by the Vikas Adhikari, Panchayat Samiti Anupgarh (respondent no. 2).

(2.) THE Panchayat Samiti has been constituted under the provisions of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (hereinafter referred to as 'the Act'). Under Sub -section (1) of Section 20 of the Act, it has been provided that every Panchayat Samiti shall constitute four standing committees one for each of the group of subjects mentioned In clauses (a), (b), (c), and (d) of sub Section (1). Provision has also been made for constitution of a fifth standing committee for any of the subjects enumerated in any group or groups mentioned in Sub -section (1). In Sub -section (3) of Section 20, it is provided that every standing committee shall consist of seven members, five of whom shall be from amongst the members of the Panchayat Samiti and two of whom shall be co -opted in the prescribed manner from amongst persons not being members of the Panchayat Samiti residing in the block and having experience and knowledge of the subjects assigned to the standing committee. The State Government has framed the Rajasthan Panchayat Samiti Avam Zila Parishad (Sthai Samitian Ka Gathan) Niyam, 1965 (hereinafter referred to as 'the Standing Committee Rules') whereunder provision has been made for election as well as cooption of the members of the standing committees of the Panchayat Samitis Rule 3 of the Standing Committee Rules lays down that the members of the standing committee shall be elected at a meeting convened by the Presding Officer, Viz. Vikas Adhikari of the Panchayat Samiti. Rule 5 prescribes that for the aforesaid meeting of the Panchayat Samit) seven clear days' notice must be given to all the members of the Panchayat Samiti and the said notice should state the place., date and time during which the nomination papers can be filed, the place, date and time when the scrutiny of the nomination papers would be conducted and the place and date and time when the polling, if necessary, will be held. The said rule further requires that the said notice shall be sent to the various members by registered post or any other method considered appropriate by the Presiding Officer and the said notice should also be put on the notice board of the Panchayat Samiti. Rule 6 makes provision for filing of nomination papers. Rule 7 provides for scrutiny of the nomination papers. Rule 8 provides for publication of the list duly nominated candidates. Rule 9 makes provision for withdrawal of candidature. Rule 10 provides that if the number of vacancies are equal to the number of can -dates, then the Presiding officer would declare all the candidates to be elected, if the number of condidates is less than the number of vacancies, then the Presiding Officer would declare all the candidates to be elected and would fix another date for election for the remaining vacancies, and if the number of candidates is more than the members to be elected, then the members present would be required to cast their votes by secret poll. Rule 11 prescribes the procedure for the polling and under Sub -rule (7) of rule 11, it is laid down that when the polling is over the Presiding Officer shall count the votes in the presence of the members and would declare the candidate who has received the highest votes as being elected and in the event of candidates receiving equal number of votes, lots would be drawn, Rule 14 provides that after the completion of the election, the Presiding Officer shall prepare the minutes of the proceedings of the meeting and would allow the members to put their signatures on the said minutes and that thereafter a list of the duly elected members of the standing committees containing the signatures of the Presiding Officer shall be published and placed on the notice board of the office of the Panchayat Samiti and a copy of the said notification shall also be sent to the Collector and the Panchayat and Vikas Vibhag of the State Government.

(3.) UNDER Section 71 -Article of the Act, the provisions of Section 13 of the Act have been made applicable, mutatis mutandis, to the election of members of the standing committees of the Panchayat Samiti. Section 13 of the Act prescribes that the election of a Pradhan or Up -Pradhan of the committee may be called in question by any member thereof by presenting in the prescribed manner to the Judge, as defined in Section 2(6) of the Act, a petition in this behalf on the prescribed grounds and within the prescribed period In exercise of the powers conferred' on it by Section 13 and Sub -section (5) of section 45 read with Sub -section (1) of Section 79 of the Act, the State Government has made the Rajasthan Panchyat Samitis and Zila Parishad (Election Petition) Rules. 1959 (hereinafter referred to as 'the Election Petition Rules'). Under rule 10 of the said Rules, the provisions of rule 3 to 9 have been made applicable, mutatis, mutandis, to the election of a member of the standing committee of a Panchayat Samiti. Rule 3 of the Election Petition Rules lays down the grounds on which the election may be questioned by the election petition. Rule 5 prescribes that the election petitition may be presented within thirty days after the day on which the result of the election is announced.