JAIPUR BENCH LAXMINARAIN Vs. CHIEF PANCHAYAT OFFICER JAIPUR

JUDGEMENT

(1.) THIS is an application by Laxminarain against the Chief Panchayat Officer, Rajasthan, and two others. He has prayed for a writ of mandamus directing the Chief Panchayat Officer to carry out his duties under the Panchayat Act and Rules.

(2.) THE fact, which have given rise to this application, are these - THEre is a Panchayat in Sahawa. Elections to that Panchayat were held on the 19th of November, 1954, and 12 Panches were elected on that day. THE same date was fixed for the election of the Sarpanch also; but when the election of the Sarpanch began, these was a disturbance, and that election was postponed to the 5th of January, 1955, under rule 5 of the Panchayat Election Rules. On that day, two names were proposed namely that of the applicant Laxminarain, and of the opposite party Shivnarain. After sometime, however, Shivnarain's party left the place, and thereafter the Returning Officer declared Laxminarain elected unopposed. THEn he submitted a report to the Chief Panchayat Officer under rule 17 of the Panchayat Election Rules mentioning the names of the Sarpanch and the Panchas. THE Chief Panchayat Officer instead of notifying the names, started questioning the report, as appears from the file relating to this election received from the Chief Panchayat Officer. Eventually, the names of 12 Panchas were ordered to be notified, but the applicant's name was not so ordered, and the Chief Panchayat Officer ordered a re-election so far as the officer of the Sarpanch was concerned. THEreupon, the present application was made to this Court. THE main contention of the applicant is that the Chief Panchayat Officer has no jurisdiction to withhold notification of the name of the Sarpanch once he receives a report from the Returning Officer under rule 17.