DALELSINGH Vs. TEHSILDAR OF CHHOTI SADRI

JUDGEMENT

(1.) THIS is an application by Dalelsingh under Article 226 of the Constitution challenging the holding of a by-election lor the office of Sarpanch of Gram panchayat of Samarthali on the ground that the seat of the applicant, who had elected barpanch in December 1955, had become vacant.

(2.) THE case of the applicant is briefly this. He was elected Sarpanch of the Gram panchayat of Samarthali in December 1955. The result of the election was notified in accordance with Section 14 of the Rajasthan Panchayat Act, 1953 (Act No. 21 of 1953) (hereinafter called the Act) on 16th of June 1956. The applicant says that thereafter he went to the Tehsildar to take the oath of office, as required by section 15 of the Act. He was then told that his seat had become vacant under section 17 (2) of the Act and a by-election had been ordered to be held in August 1956. Consequently, the applicant made the present application challenging the holding of the by-election on the ground that his seat had become vacant.

(3.) THE main ground on which the applicant contends that his seat had not become vacant is that the Panchayat can only come into being after the notification under section 14 has been issued and as this notification was issued in June 1956, he could not incur any disqualification if unauthorised meetings of the Panchayat were held between December 1955 and June 1956. He, therefore, prays that the Court should direct that his seat had not become vacant and that no by-election should be held.