HIRALAL Vs. CHEIF PANCHAYAT OFFICER RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS is a petition by Hiralal under Art. 226 of the Constitution of India. The respondents are the Chief Panchayat Officer, Rajasthan, Jaipur, Shri Purshotamlal Mehta, District Panchayat Inspector, Kotah, Seth Radha Kishen and the Tehsildar, Tehsil Chechat. District Kotah.

(2.) THE case of the petitioner is that 27th of February, 1956 was fixed for the conducting of election of the Gram Panchayat Morak. Respondent No. 2 namely Shri Purshotamlal (hereinafter to be referred to as the Returning Officer) started the election of the Panches and after it had been completed, he declared the names of 12 Panches who were duly elected on the spot. THEreafter the Returning Officer proceeded to elect the Sarpanch and invited nomination for the same. THEre were two validly nominated candidates namely the petitioner and Seth Radha Kishen respondent No. 3 for the office of the Sarpanch. When the Returning Officer was to start polling in accordance with Rule 10 of the Rajasthan Panchayat Election Rules, 1954 (hereinafter to be referred to as the Election Rules), all of a sudden it began to rain very heavily and it was not possible for the Returning Officer to count the votes till evening and consequently, the election of the Sarpanch as required by the rule could not be completed. Only the votes which could be counted before it began to rain, were counted by the Returning Officer. But as the electors had to leave the place of election on account of rains without getting their votes recorded, the Returning Officer did not declare under Rule 12 of the Election Rules, the result of the election of the Sarpanch and submitted a report to respondent No. 1. THE Chief Panchayat Officer respondent No. 1 having received the report of the Returning Officer sent a note to the Tehsildar, Chechat, dated the 7th of April, 1956 under Rule 18 of the Election Rules directing him to administer oath to twelve Panches who had been declared elected on the 27th of February, 1956, by the Returning Officer. As regards the election of Sarpanch, the Chief Panchayat Officer passed an order on the 16th of May, 1956 appointing the Tehsildar, Chechat to conduct the election of Sarpanch of the Morak Panchayat. Before this order could be despatched from the office of the Chief Panchayat Officer, respondent No. 3 made approaches to the authorities concerned and through the intervention of some of his party-men, the order of the Chief Panchayat Officer, dated the 16th of May, 1956, could not be complied with and respondent No. 1 issued instructions to the Tehsildar, Chechat to administer oath of office of Sarpanch to Shri Radha Kishen respondent No. 3.