SHANKERDEO BHARTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Shankerdeo Bharti for a writ of certiorari to set aside the order of the Collector of Bhilwara, by which he allowed the election petition of Shri Ghisulal against the election of the applicant as Sarpanch of the Panchayat at Asind.

(2.) THE applicant's case briefly is that an election was held at Asind on the 22nd of December, 1955. He was a candidate for the post of Sarpanch and was elected to that office in the election conducted by the Tehsildar. THEreafter, Ghisulal made an application on the 4th of January, 1956, under rule 19 of the Rajasthan Panchayat Election Rules challenging the validity of the election of the applicant. Such an application has to be made to the Collector and the Collector may either himself enquire into the petition or may forward the same to the Sub divisional Magistrate for enquiry and report. THE applicant further says that this petition was forwarded to the Sub-divisional Magistrate for enquiry and report. His main grievance is against the manner in which the Sub-divisional Magistrate conducted the enquiry. He has other grievances also, but we do not think it necessary to deal with them for purposes of this case, for we have come to the conclusion that there is force in what the applicant alleges so far as the procedure of the enquiry by the Sub-divisional Magistrate is concerned.