PRABHUDAYAL Vs. CHIEF PANCHAYAT OFFICER JAIPUR

JUDGEMENT

(1.) THIS is an application by Prabhudayal under Article 226 of the Constitution for a writ direction or order in connection with the election of Malharna Dungar panchayat.

(2.) THE applicant's case is that the election for the Panchayat at Malharna Dungar was fixed for the 20th of October, 1954, under Rule 4 of the Rajasthan Panchayat election Rules, 1954, the returning officer has, at least 7 days before the date of election, to announce for the information of the inhabitants of the Panchayat Circle by notice and in such/other manner as the Chief Panchayab Officer may direct the number and names of wards, if any, the number of Panchas to be elected from each ward and from the entire Panchayati Circle and the date, time and place of election. The applicant submits that the Returning Officer did not comply with Rule 4, inasmuch as he issued the notice under Rule 4 on the 18th of October, 1954. The applicant raised certain other points which, however we do not consider it necessary to set out for purposes of this case.

(3.) THE application has been opposed by the opposite parties, and the reply with respect to compliance with R. 4 is this. It is admitted that election was fixed for the 20th of October at 12 neon. It is said that the Returning officer fixed the date, time and place of the election by means of a notice on the 11th of October, 1954 and this notice was pasted on a conspicuous place on the 12th of October, 1954. This notice said that the election would be held at the Tahsil building in Malharna dungar on the 20th of October, 1954, at 12 noon. It also went on to say that the list of wards would be published later when received by the Returning Officer, It is also admitted that the list of wards and the number of Panchas to be elected from each ward were actually announced by a notice on the 15th of October, 1954.