B.N.Jha, J. - (1.) The petitioner's nomination paper for the post of Mukhiya was accepted by the Election Officer. An appeal was filed before the Subdivisional Officer against the order of the Election Officer accepting the nomination of the petitioner under the provisions of Rule 23 (4) of the Bihar Panchayat Elections Rules (hereinafter referred to as the Rules).
(2.) The Subdivisional Officer, by his order dated the 16th March, 1971 has rejected the nomination paper of the petitioner for the post of the Mukhiya on the grounds that in 1970 his nomination paper was rejected by the Election Officer and, therefore, he had no right to file nomination paper for the same post and secondly he had not deposited the nomination fee again. Hence this application has been filed to quash the order of the Subdivisional Officer, rejecting his nomination paper.
(3.) The learned counsel for the petitioner submitted that the two grounds for the rejection of the nomination paper are irrelevant. Firstly, he submitted that if in 1970 his nomination paper was rejected on some ground or the other, no law prohibits him from filing a fresh nomination paper in 1971, when a fresh election is held. Secondly, he submitted that he had already deposited the requisite fee in 1970, at the time of the filing of his nomination paper, and, therefore, he was not required to deposit fresh fee when he filed fresh nomination paper for the post of Mukhiya in 1971. For this purpose, he relied upon Notification No. 2010 dated the 17th March, 1971, issued by the Government of Bihar in the Community Development and Panchayat Department, the relevant portion of which may be quoted here:-- "For Sub-rule (8) of Rule 21 of the said Rules, the following Sub-rule shall be substituted, namely- "(8). The nomination 'fee deposited under Sub-rule (7) shall not be refundable:-- Provided that where election is not held and fresh nominations are called for, the Election Officer shall, on an application made to him in this behalf by the candidate concerned, sanction refund of nomination fee deposited under sub-rule (7): Provided further that notwithstanding anything contained in Sub-rule (6), if an election is not held and fresh nominations are called for, no fresh nomination fee shall be required to be deposited in cases where a candidate has deposited his nomination fee for any post under Sub-rule (7) and files his nomination paper for the same post at an election to be held next following the one for which the nomination fee was deposited'." From a perusal of the aforesaid Notification, it is clear that when a candidate had filed a nomination paper on a previous occasion and somehow or the other the election could not be held and fresh nomination papers are called for, and when the candidate has again filed nomination paper for the same post, as he had done on the previous occasion, he is not required to deposit a fresh nomination fee.;