BAJRANG SINGH Vs. BACHU SINGH

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for issue of an appropriate writ quashing the order of the Election Tribunal by which it has set aside the election of the petitioner as the Mukhia of Kolhua Deori Gram Panchayat in the district of Sahabad and for issue of mandamus restraining the respondents from giving effect to the order aforesaid.

(2.) It appears that an election was held in respect of the office of the Mukhia of the aforesaid Gram Panchayat. 25th March, 1971 was fixed for filing of the nomination paper and the petitioner filed his nomination paper on that date. On the very day there was a scrutiny and his nomination paper was found to be valid and also to be the only nomination received. Accordingly he was declared elected on the 12th of April, 1971, Two days earlier on the 10th of April, 1971, respondent No. 1 had filed a petition alleging that he had filed a nomination paper and it was found to be valid on the scrutiny but his name did not appear in the list of the nominated candidates. A report was made by the Block Development Officer which was received on the 17th April, 1971, and thereafter the application of respondent No. 1 was rejected on the 19th April, 1971. Therefore the aforesaid respondent filed an election petition before the Subdivisional Officer of Bhabua on the 7th of May, 1971. The aforesaid petition was put up before Mr. A. Mukherji District Development Officer, (who had been appointed Election Tribunal), on the 10th of June, 1971. He directed the petition to be put up for admission on the 7th of July, 1971 and directed notices to be issued. It appears that for some reason the District Magistrate transferred the election petition to Shri S. K. Lal, Additional Collector on the 28th of June, 1971. This officer is said to have been entrusted also with the enquiry against the Block Development Officer in this respect and in that connection he had to go to Adhaura. He fixed 3rd July. 1971, as the date when the election petition was to be put UP before him. While he was at Adhaura on the 3rd of July, 1971, the election-petitioner appeared and prayed for the admission of the case. It was admitted and there was a further direction by the court to get notices served on the respondent by a special messenger fixing the case for hearing on the 5th of July, in his camp court at Adhaura. On the 5th of July, 1971, the election-petitioner and other respondents appeared but the present petitioner did not appear. Having found that notices had been served on him the Tribunal proceeded to hear the case and passed the order mentioned above on that very day. Hence the present application.

(3.) Learned counsel for the petitioner has raised three points before me which he said would be enough for the disposal of the present application. Firstly, it has been urged that the election petition was not presented before the proper court and the trial was therefore vitiated, secondly, that the election petition itself was barred by time and thirdly, that there has been a clear violation of Rule 78 of the Bihar Panchayat Raj Rules, 1947 (hereinafter referred as the Rules) and it is urged the order must therefore be set aside.