SHARIFF KHAN Vs. RAJASTHAN STATE ELECTION COMMISSION

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks direction to declare the Rule 48-C and 49-B as invalid and void. Besides this, the petitioner also prayed to quash the notification dated 25. 1. 1995 issued by the State Election Commission as being invalid and void and to quash the order dated 1. 2. 2005 issued by the District Election Officer (Panchayat) being without jurisdiction, illegal, improper and void and further seeks direction directing the respondents to count the votes of the poll for office of Sarpanch, Gram Panchayat, Garhajan of the poll held on 31. 1. 2005.

(2.) LEARNED counsel for the petitioner submitted that at about 8 p. m. The Deputy Superintendent of Police, Kaman informed that as per the directions of the District Collector, Bharatpur, counting would not be held at Tehsil Office, Kaman. At about 10. 00 p. m. The SDM, Kaman informed that the Collector, Bharatpur has ordered not to conduct the counting as the re-poll will be held. The order has been passed by the District Election Officer (Panchayat) purporting to act under Rule 48 (B) (2) (1) and 48 (C) the Rajasthan Panchayati Raj (Election) Rules, 1994.

(3.) MR. B. L. Sharma, learned senior counsel also referred Article 324 (1) & (4) which read as under:- 324. Superintendence, direction and control of elections to be vested in an Election Commission. (1) the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission ). 2 . . . . . . . . . . 3 . . . . . . . . . . (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1 ).