BHERULAL Vs. JAGAN NATH

JUDGEMENT

(1.) UNDER orders of the Chief Panchayat Officer Rajasthan, the election of the Tehsil Panchayat, Aklera was to take place on 2nd August, 1957. The Tehsildar of Aklera was the Returning Officer and the elections were held under his direction on the aforesaid date. Bherulal petitioner No. 1 was elected Sarpanch, Madanlal petitioner No. 2 was elected Up-Sarpanch, Danmal, Kalyan, Mangilal, Shamsaj Beg, Mangilal II and Noor Mohamad petitioners were elected Panchas. Their names were notified in the Rajasthan Raj Patra of 12. 12. 57, by the Chief Panchayat Officer in compliance with R. 18 (c) of the Rajasthan Panchayat Election Rules. Respondent No. 1 Jagan Nath filed an election petition to the Collector of Jhalawar against Bherulal challenging his election as Sarpanch. According to the allegations in his petition Jagan Nath contended that the elections should not have been held on 2nd August, 1957 because an order had been passed by the Chief Panchayat Officer to postpone the elections till 15th October, 1957. He also contended that the Returning Officer had made use of the ballot papers contrary to the rules. The petition was sent to the Sub-Divisional Officer for enquiry. The Sub-Divisional Officer found that the order of postponement passed by the Chief Panchayat Officer reached the Returning Officer on 4th August, 1957 after the elections had taken place. He was of opinion that the ballot papers had been rightly used. Certain other objections were raised before him which he rejected. He sent his report to the Collector. The Collector declared the entire elections held on 2nd August, 1957 to be invalid on the ground that an order had been passed by the Chief Panchayat Officer on 2nd August, 1957 for postponement of the elections although the said order reached the Returning Officer only on 4th August, 1957.

(2.) THE petitioners have come to this Court and it is alleged on their behalf that the Collector was wrong in setting aside the entire elections when the election petition was filed only against Bherulal. It was also contended that the elections had taken place prior to the receipt of the order of postponement passed by the Chief Panchayat Officer and therefore the elections cannot be said to be invalid. THE petitioners also challenged the power of the Chief Panchayat Officer to direct postponement of the election. THE chief Panchayat Officer Rajasthan, the Collector, Jhalawar, the Sub-Divisional Officer, Aklera and the Divisional Panchayat Officer, Kotah were also made parties to the respondents but none of the respondents have filed any reply.