BABULAL BAJAJ Vs. COLLECTOR DAMOH

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution for the issue of writs of certiorari for quashing an order made by the Sub -Divisional Officer, Hatta, on 20th November 1964, excluding the name of the petitioner from the voters list of Ward No. 1 of Chheola Dube village finalised under the Madhya Pradesh Gram Panchayats Election and Co -option Rules, 1963, hereinafter called the Rules), for election to the Gram Sabha of the village, and for quashing an order of the Returning Officer appointed for conducting the election declaring the respondent No. 8 Dashrath as duly elected.

(2.) THE material facts are that after the preparation and finalisation of the voters list in accordance with rules 6, 7 and 8 of the Rules, a programme for election of Panchas to the Gram Sabha was fixed and published by the Collector. According to this programme the dates fixed for filing the nomination papers were from 10th November 1964, to 20th November 1964, and 21st November 1964 was fixed as the date for scrutiny of the nomination papers. The applicant and the respondent No. 8 Dashrath filed their nomination papers. The respondents Nos. 3 to 7 and one Rahimkhan all made applications under rule 11 after 10th October 1964 for deleting the name of the applicant from the voters list of Ward No. 1 on the ground that his name was recorded in the voters list of another Ward in Hatta. The Sub -Divisional Officer, after hearing the petitioner and the objectors, passed the impugned order dated 20th November 1964 deleting the petitioner's name from the voters list. Thereafter on the date of scrutiny of nomination papers the Returning Officer rejected the petitioner's nomination paper on the ground that his name had been excised from voters list, and accepting the nomination paper of respondent No. 8 D with, who was the sole candidate left in the field, declared him as duly unopposed.

(3.) 1965 JLJ 326. In that case, it has been held that the word "election" as used in sub rule (6) of embraces the whole process by which a person is duly elected as a Panch and the expression "the date fixed for a general election or a bye -election" means the date on which the election commences; and that the election commences from the date on which nomination papers are to be filed. On this view, the objections lodged by respondents Nos. 3 to 7 and Rahimkhan after 10th October 1964 for deleting the applicant's name from the voters list being all made within one month before 10th November 1964 could not at all be entertained. The Sub -Divisional Officer's determination on 10th November 1964 that the objection -applications were "within time" was erroneous and the order that he made on 20th November 1964 excluding the name of the petitioner from the voters list was without jurisdiction.