ANOKHMAL BHURELAL Vs. CHIEF PANCHAYAT OFFICER RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India.

(2.) THE petitioner is one Anokhmal of village, Choru, in Tehsil Uniara, district Tonk. His case is that a village panchayat was established at Choru under the provisions of the Rajasthan Panchayat Act, and the elections of Panchas and Sarpanch of the said Panchayat were held on the 21st of October, 1955, and respondents Nos. 3 to 17 were declared elected. It is stated on behalf of the petitioner that notice under rule 4 of the Panchayat Election Rules of 1954 (hereinafter to be referred to as the Rules) was published by the Returning officer on the 14th Of October, 1955. and a copy thereof was affixed on the notice board of the Panchayat the same day. Copies of the said notice were also circulated in the villages constituting the choru Panchayat through Patwaris on the 15th of October, 1955. Thus the case of the petitioner is that the notice under Rule 4 of the Rules was not announced 7 days before the date of election and the proceedings of election are, therefore, challenged to be invalid. The prayer of the petitioner is that the proceedings of election be declared to be in valid and the Chief Panchayat Officer be directed to hold fresh elections Of the Panchayat. It has also been stated by the petitioner that he raised an objection in this behalf before the Returning Officer at the time of election, but it was not considered and the proceedings of election were conducted if spite of the objection having been raised by him.

(3.) NO replies have been filed by the opposite parties. The record of election has, however been placed before this Court by Shri Bam Avtar Deputy Government advocate.