BIRMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application by Birmaram under Art. 226 of the Constitution, and is directed against the election of opposite party No. 5 Ghamandiram as Sarpanch of village Panchayat Himmatsar, Tehsil Nokha.

(2.) THE material facts on which this application is founded may shortly be stated as follows. One Juharmal was elected Sarpanch of the Panchayat in question but on a motion of no confidence having been passed against him he resigned, and his resignation having been accepted, the office of Sarpanch was declared to be vacant. A fresh election for this office was consequently ordered by the Collector, and the 7ch June, 1957, was fixed as the date for the holding of the election by an order of the Chief Panchayat Officer, dated the 6th May, 1957. At this election the petitioner Birmaram and opposite party Ghamandiram were rival candidates for the office of the Sarpanch, Ghamandiram was declared to be duly elected. Aggrieved by this election, the petition has filed the present writ application by which he seeks to have the election of Ghamandiram declared as illegal.