RATIRAM Vs. PHUSARAM

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution by one Ratiram against an order of Munsif, Bikaner,, acting as a Tribunal under rule 78 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules 1960, refusing to set aside the election of Phusaram respondent as Sarpanch on his election petition. The petition has been contested on behalf of Phusaram.

(2.) ON the ballot papers used for Panchayat elections 8 symbols are printed. Usually the number of candidates contesting an election does not exceed 8. If it exceeds 8 extra symbols are added. If the number of candidates is less than 8 then the part of the ballot paper containing extra symbols is usually cut off. Instructions to do so were issued by the Government to the Returning Officers. The Returning Officer of this Panchayat however did not cut off the extra symbols in holding the election for the office of Sarpanch of this Panchayat.