J.B.MEHTA, S.H.SHETH - (1.)The petitioner who is a voter at Gram Panchayat elections in village Haripar Taluka Lalpur District Jamnagar has filed this petition challenging the validity of the entire elections held in November 1972
(2.)Haripar has a Gram Panchayat consisting of 11 seats which include two seats reserved for women and one seat reserved for Scheduled castes. It was divided at the time of the impugned elections in three wards. On 23 October 1972 the Taluka Development Officer Lalpur published a notification by which he appointed 30th November 1972 as the date of election under sec. 18(1) of the Gujarat Panchayats Act 1961 On the same day he published another notification by which he announced the time table for different stages of election. He fixed 9th November 1972 as the date for receiving nominations 10 November 1972 as the date of scrutiny of nomination papers 11 November 1972 to 17th November 1972 as the dates for withdrawal of nominations and 30th November 1972 as the date for recording the votes and counting them. At the impugned elections respondents Nos. 4 to 14 were elected as members of the Gram Panchayat.
(3.)In this petition in support of his contention that the impugned elections to Haripar Gram Panchayat are invalid and liable to be quashed the petitioner has raised two contentions. The first contention is that as required by sub-rule (1) of rule 7 of the Gujarat Gram and Nagar Panchayats Elections Rules 1972 thereinafter referred to as the election rules for the sake of brevity) the notification appointing the date of election was not published in the Official Gazette and that therefore a breach was committed of sub-rule (1) of rule 7. The second contention which has been raised is that the notification issued under sub-sec. (1) of sec. 18 on 3rd October 1972 by the Taluka Development Officer was cancelled by him by the subsequent notification issued by him on 30th October 1972 and was thereafter revived by his further notification on 3rd November 1972 According to the petitioner after having cancelled on 30 October 1972 the notification dated 23rd October 1972 the Taluka Development Officer ought to have announced and published fresh time-table of the elections in accordance with sub-rule (4) of rule 7 and since he had not done so the entire elections held pursuant to the said notification of 3rd November 1972 were invalid and liable to be quashed.
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