NANALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Nanalal for issue of a writ, direction or order in connection with the election of Sarpanch to the Gram Panchayat of Ghatiyavali.

(2.) THE election to the office of the Sarpanch of this Gram Panchayat was held on the 22nd of June, 1956. THE applicant was one of the candidates and was defeated in the election. His complaint is that the Returning Officer suddenly and without notice changed the venue of election to the tank site from the school where it was originally fixed. This place is about three-quarters of a mile from the school. THE result of this change was that many of the voters went away without casting their votes, and the applicant was defeated. It may be mentioned that the applicant has filed an election petition before the Collector of Chittorgarh in this connection, and that application is still pending. He has come to this Court in view of our decision in Chandra vs. State of Rajasthan (1 ). In that case it was decided that a Panchayat election could not be challenged except on the ground of misconduct or corrupt practice of the candidate or his agent, and that r. 20 had nothing to do with the misconduct or corrupt practice of the Returning Officer.