SURAJMAL SHARMA Vs. PIRTHISINGH

JUDGEMENT

(1.) THIS is an application by Surajmal Sharma under Article 226 of the Constitution, and arises la the following circumstances :-

(2.) IN the Tehsil Panchayat of Bassi there are 14 Panchayats duly established under Section 3 of the Rajasthan Panchayat Act, 1953, (Act No. XXI of 1953 ). Out of the aforesaid 14 Panchayats, election of 13 Panchayats took place, but the election of the Gram Panchayat, Bassi, which was to be held on 27th February, 1955, was postponed on account of an apprehension of a breach of the peace: and since then neither the election has taken place nor nomination of the Panchas has been done under Section 8 of the Act. Under Sub-section (2)1 of Section 56 of the Act, the members consisting of the Sarpanchayats and Panchas of all the Panchayata in the Tehsil form the electoral college for the election of a Sarpanch and Panchas of the Tehsil Panchayat. The Chief Panchayat Officer directed Sarpanchas and Panchas of all the Panchayats on the 2sth of May, 1955, and appointed Shri Pirthi Singh as the Returning Officer. The petitioner was one of the candidates, and was proposed by Phundilal. His nomination paper was rejected on the ground that in the electoral roll prepared by the Chief Panchayat Officer under Rule 21 of the Panehayat Election Rules 1954 there was one name of Phunda Lal and no name of Phundilal. It was stated before the Returning Officer that Phundilal was the correct name, and he was Up-Sarpanch of the Gram Panchayat of Madhogarh, and his identity could be verified, taut the Returning Officer rejected, the nomination paper of the petitioner, aurajmal has come to this Court under Article 226 of the Constitution. It was prayed that the order of the Returning Officer rejecting the nomination paper of the petitioner be quashed and further a direction be issued to the Returning Officer not to hold, the election of the Tehsil Panchayat of Bassi till the election of the Gram Panchayat of Bassi is completed. Certain other grounds were mentioned in the petition; but only the two points aforesaid were canvassed.