NAVARATAN SINGH Vs. CHANDI DAN

JUDGEMENT

(1.) THE petitioner by this writ petition seeks to quash the order dated April 16, 1983 (Ann. 1) passed by the learned Munsif & Judicial Magistrate, First Class, Bilara, whereby the objection of the petitioner as to the invalidity of the presentation of the election petition was overruled.

(2.) I may state the few relevant facts. In connection with the re-constitution of the Gram Panchayat, Borunda of the Panchayat Samiti, Bilara, the elections were held on December 14, 1981. The petitioner Navaratan Singh and the respondent No. 1 Chandi Dan contested the election for the Office of Sarpanch. The petitioner was declared elected. The respondent No. 1 questioned the election of the petitioner by presenting the election petition on January 13, 1982. The election petition was presented to the Reader of the court of the Munsif Magistrate, Bilara. Shri Baldeopuri Goswami, Munsif & Judicial Magistrate, Bilara on account of his transfer had handed over the charge on January 11, 1982 and an order was passed by the District Judge and authorising Shri Madho Singh, Munsif Magistrate, Piparcity to look after the work and dispose of urgent matters of the court of Munsif Magistrate, Bilara in addition to his duties. On January 13, 1982, the respondent No. 1 submitted an application in the prescribed form for depositing the security amount as envisaged by r. 79 of the Rajasthan Panchayat & Nyaya Up-Samiti Election Rules, 1960 (for short 'the Rules') to the Munsif, Piparcity, who directed that the amount of Rs. 50/- may be deposited. Accordingly, the respondent No. 1 deposited this amount. However, the respondent No. 1 presented the election petition to Shri Vasudeo Dewal, Criminal Clerk, who was working as a Reader. The respondent No. 1 inter alia challenged the election on the ground that the election petition was not Validiv presented as it can only be presented to the Munsif and not to the Reader. The presentation was, therefore, invalid. It was only on February 18, 1981, Shri Mohammed Ayyub Khan took over the charge of Munsif & Judicial Magistrate, Bilara. The objection relating to the invalid presentation of the election petition, was heard by the learned Munsif & Judicial Magistrate, Bilara and the same was over - ruled by the learned Munsif by his impugned order.

(3.) THE next authority, which has been relied upon by Mr. Singhvi is State of U. P. Vs. Singhara Singh (4 ). It was observed in this case- "when a statute confers a power on certain judicial officers, that power can obviously be exercised only by those officers. No other officer can exercise that power, for it has not been given to him. "