CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application by Chandra under Article 223 of the Constitution against the State of Rajasthan and others relating to the election to the Panchayat at Gangwa, which has been called Village Panchayat Manglana in the petition, and appears as non-petitioner 4.

(2.) The facts, which have been alleged by the applicant, are that a Panchayat was established at Gangwa. This Panchayat included three other villages, namely, Deolikhurad, Manglana and Dilandhana, and was known as Gangwa Panchayat according to the notification issued when it was established. Elections for this Panchayat were scheduled to be held on 10-4-1955, at village Gangwa, and, six Panches were to be elected from six wards into which the four villages were divided. The applicant was a candidate in ward No. 1 of village Gangwa. Votes were taken in ward No. 1, and the applicant secured 176 votes as against 101 by the rival candidate Pusa Balai. The applicant was then declared elected. Elections with respect to other wards were not held. The applicant does not disclose in his application why this was so, and we presume therefore that the postponement must have taken place for reasons which permit such postponement and are to be found in Rule 5 of the Rajasthan Panchayat Election Rules, 1954. At any rate, the applicant has made no grievance of this postponement.

(3.) Thereafter, another notification was issued for holding the election on 30-51955. This time the elections were held at Manglana, and the Panchayat was called 'Panchayat Manglana', though, its proper name, according to the notification, would be 'Gangwa Panchayat'. In this election, candidates stood from all the six wards, and the election of the applicant in ward No. 1 was completely ignored. After the elections of 30-5-1955, were over there was election for the office of the Sirpanch, to which one Parma was elected, Thereafter, it is said that the Panchayat started acting, and on 21-8-1955, the Sirpanch issued an order to the effect that at least one person from each house in the village should go with a spade and an iron pan for making embankment of a tank tailing which the household will be fined Rs. 11/-. Such person was required to turn up, and work from 7 A.M. to 5 P.M. without any payment.