RAMNATH Vs. DWARKA PRASAD

JUDGEMENT

(1.) THIS Full Bench has been constituted to resolve a conflict which has arisen between two decisions of this Court both by Division Benches. The first decision was given on 1-10-1956 in Kishorilal v. Indersingh Mehta, (Civil Writ Petition No. 191 of 1956) decided at Jaipur. It was held there that an election petition under rule 19 of the Rajasthan Panchayat Election Rules, 1954, (hereinafter called the rules) could be filed even before the election was notified under Rule 18 (c) read with Section 14 o the Rajasthan Panchayat Act, No. XXI of 1953 (hereinafter called the Act ). The second decision was given on the 11th of October, 1957 at jodhpur in Civil Writ patition No. 114 of 1956 Mangilal v. The Collector of Bhilwara, (AIR 1958 Raj 84 ). As the first decision was not marked "reportable", it was not known in Jodhpur when the second decision was given. The question, which falls for consideration, may be formulated as follows : can an election petition under Rule 19 of the Rajasthan Panchayat election Rules, 1954 be filed before the notification under Rule 18 (c) of the same rules read with Section 14 of the Rajasthan Panchayat Act (No. XXI of 1953)?

(2.) SECTION 14 of the Act is as follows : "every election or appointment of a Sarpanch, Upsarpanch and a Panch shall be notified in Rajas- than Gazette in accordance with rules made under this Act. "

(3.) RULE 18 (c) which is relevant for present purposes is as follows : "upon receipt of the report under Rule 17, the Chief Panchayat Officer shall, as soon as possible (c) notify the names of the Panchas, Sarpanch and Upsarpanch so elected or appointed. "