HUSSAIN MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected applications under Art. 226 of the Constitution in connection with the election of Surpanch and Panch of the Tehsil Panchayat, Jayal. Application No. 189 is by Hussain Mohd. , who wanted to stand for the office of Surpanch. Application No. 201 is by lshaq who wanted to stand as Panch.

(2.) THE facts which have led to these applications may be briefly stated. 17th November, 1956, was fixed for the election of the Tehsil Panchayat and nominations were called for upto 9th November, 1956. On the 8th of November, 1956, a nomination paper was filed on behalf of Hussain Mohd. for the office of Surpanch. On the same day another nomination paper was filed on behalf of lshaq for the office of Panch. THEse two nomination papers were presented by one Nasruddin before the Tehsildar. As the necessary fee had already been paid, they were entered in the register kept for the purpose. On the 10th of November, 1956, the Tehsildar scrutinized the nomination papers and rejected them. His order in both cases is in exactly the same terms and we may set it down here : "he did not present the form himself, hence rejected. Nor present today, hence his qualifications cannot De verified. " THE present applications are against this order of the Tehsildar. Learned counsel for the applicants relies on two decisions of this Court in Anandilal vs. Panchayat Officer (1) and Kishangopal vs. THE Rajasthan State (2 ).