HANUMAN CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed as public interest litigation by Mr. Hanuman Choudhary who is an advocate practicing in the High Court of Rajasthan, Jaipur.

(2.) BY means of the present petition the petitioner has challenged holding of elections to the Panchayat Raj Institutions in Rajasthan in two phases and has prayed for issuance of a writ of mandamus to the respondents to hold elections on the same day i. e. in one phase or in the alternate it has also been prayed that if the elections are allowed to be held in two phases by the respondents then the result of the elections held in two phases should be declared on the same day. Under the provisions of Rajasthan Panchayat Raj Act, 1994 (Act No. 13 of 1994) the State Government has decided to hold elections for Panchayat Samiti, Zila Parishad and other Panchayati Raj Institutions and in pursuance of the said decision the Election Commission has issued a Schedule for holding the aforesaid elections which has been published in the newspaper known as Rajasthan Patrika, dated 29. 12. 94. A copy of the said Schedule (programme of the Elections) as published in Rajasthan Patrika has been filed as Annexure-1 to this petition. From the aforesaid Schedule, it appears that the Election Commission has decided to hold elections in two phases. In the first phase a voter shall be called upon to elect a member for the Zila Parishad and a member for the Panchayat Samiti. In the second Phase the elections for the Gram Panchayat will be held.