SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Shambhu Singh under Art. 226 of the Constitution against Rajasthan State, the Chief Panchayat Officer, Rajasthan State, and Shri Ramaram in connection with the election of Shri Ramaram as Surpanch of Garnia Panchayat. We may mention that none of the opposite party has appeared to oppose this application.

(2.) THE facts alleged by the applicant briefly are these : THE election for the Gram Panchayat was held on 5th of March, 1955. Two candidates stood for election for the office of Surpanch, namely Jiwan Singh and Ramaram. An objection was raised against the nomination of Ramaram and it was that Ramaram was not qualified as required by sec. 13 of the Rajasthan Panchayat Act. It is said that the officer holding the election did not decide this objection and still proceeded to take votes. THE objectors, however, it is said, abstained from voting. Shri Ramaram thus secured more votes than the other candidates; but the officer conducting the election did not declare the result of the election to the office of Sarpanch as there was a protest against his not deciding the objection THE matter was taken to the Deputy Minister, Local Self Government and those who approached him were informed by the Secretary to the Government of Rajasthan, Local Self Government Department that as Shri Ramaram had not been declared elected as Sarpanch no further action was called for. 1 hereafter, dates were fixed for holding fresh election to the office of Sarpanch. THEse dates were postponed from time to time till eventually in August, 1956, the Chief Panchayat Officer passed an order to the effect that as voting had taken place and Shri Ramaram had secured a majority of votes he was duly elected as Sarpanch. Consequently, the present application was made to this Court.