KALYAN CHANDRA Vs. CHIEF PANCHAYAT OFFICER

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the constitution.

(2.) IN connection with the election of the Bairath Tehsil Panchayat, the Returning Officer fixed 21st Maji, 1955, as the date for nomination paper to be filed. The poll was to take place on the 26th of May, 1955. It so happened that out of the 14 Panchayats established in the Tehsil, the election of the Panchas and Sarpanchas of the 13 Panchayats was held in the month of January, 1955, but the election of the Gram Panchayat, Radawas was not held, as the matter of fixation of the centre of the Gram Panchayat was under consideration. Ultimately the election of the Radawas Gram Panchayat was held on 11th May, 1955, and the Panchas and Sarpanch were duly elected. The Electoral Roll prepared under Rule21 of the Panchayatelection Rules, however, did not contain the names of the Panchas and Sarpanch of the Gram Panchayat Ramdawas, and the Petitioner Kalyan Chandra made an application to the Returning Officer that the list which had been prepared previous to the election of the Gram Panchayat of Radawas be corrected by including the names of the Panchas and Sarpanch of the Radawas Panchayat, who had been elected on the 11th May, 1955. The Election Officer did not accede to the request, and held the election of the Tehsil Panchayat on 27th May, 1955, as previously notified. The present petition has been filed by Kalyan Chandra, and the election of the Tehsil Panchayat held on 27th May, 1955, is challenged on various grounds. It is only necessary to discuss two of the grounds, which go to the root of the election.