NATHOOLAL Vs. SHRI DINANATH

JUDGEMENT

(1.) THIS is an application by Nathoolal under Art. 226 of the Constitution, and arises in the following circumstances: -

(2.) THE applicant is a voter in a Pachpahar. THEre is a Panchayat in Pachpahar consisting only of the town of Pachpahar. Elections to this Panchayat were ordered to be held on the 4th of December, 1955. THE applicant complains that the provisions of Rule 4 of the Rajasthan Panchayat Election Rules, 1934, were not complied with in connection with these elections and, therefore, the entire election, which was held on the 4th of December, 1955, was illegal, and should be so declared by this Court. THE applicant's case is that the notification, as required by Rule 4, was made on 28th of November, 1955, under the signature of the Sarpanch, and, therefore, it was neither made at least seven days before the date of election, nor by the person authorised by Rule 4 to make it. Consequently the election made on the basis of this notice was no election in law.