ANANDILAL Vs. CHIEF PANCHAYAT OFFICER

JUDGEMENT

(1.) THIS is an application by Anandilal for a writ, direction or order under Article 226 of the Constitution and arises in the following circumstances :

(2.) ELECTION for the Tehsil Panchayat of Jamwa Ramgarh was to be held on 31st of may, 1955. Nominations were called up to 19th of May, 1955, and the scrutiny of nominations was to take place between 20th of May and 22nd of May. 23rd of May was fixed for withdrawal of candidates. The applicant filed a nomination paper for election as Panch of this Panchayat. His case is that the scrutiny did not take place between 20th and 22nd of May as provided in the programme of the election, and that it was held actually on 23rd of may. The Returning Officer after the scrutiny accepted the nomination of the applicant, and published a list of nominated candidates according to Rule 28 of the panchayat Election Rules 1954. The applicant's case further is that thereafter he only came to know on 31st of may, 1955, when 'the election was taking place, that his name had been removed from the list of candidates nominated for the election, and this came as a great surprise to him. He brought the matter to the notice of the Returning Officer who was, however, not prepared to do anything for him. He then took the matter to the higher authorities, and eventually came to this Court as he did not get any redress. His main case is that the Returning Officer had no authority to remove his name from the list of nominated candidates once it had been put there by him under rule 28. Other points have also been raised on his behalf, but we need not go into them for present purposes.

(3.) THE application has been opposed by the opposite parties. According to them, the facts are that the applicant's nomination paper was rejected actually on 22nd of May, 1955, but by some oversight (which appears to us very strange) his name was included in the list of duly nominated candidates published under Rule 28. The Returning Officer, however, came to know this mistake on that very day, and therefore published the correction by another order dated 23rd of May, 1955, by which the name of the applicant, was removed from the list. It is said that the applicant knew of this removal, and that was why he had not even applied for a symbol, and his name was consequently not included in the ballot paper.