BRIJLAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for issue of an appropriate writ directing the inclusion of the name of the petitioner in the list of duly nominated candidates for the election to the post of Sarpanch of the Katsakra Gram Panchayat in the following circumstances.

(2.) The general election of the aforesaid Gram Panchayat within Police Station Chandan in the district of Bhagalpur, was to be held in the year 1970. The petitioner filed his nomination on the date fixed therefor for the post of a Member of the Executive Committee. The nomination papers received for the posts of such Members were equal to the number of seats. As regards the post of Mukhia and Sarpanch however, the number of duly nominated candidates was more than one in each case and as such poll was necessary. The election was, however stayed and a fresh programme was published according to which the date for filing of nomination paper for the post of Sarpanch was the 25th of March, 1971. The petitioner thus filed his nomination paper for the post of Sarpanch. The Election Officer rejected his nomination paper on the ground that he had already been elected a Member of the Executive Committee and was thus not eligible to contest the election for the post of Sarpanch. Being aggrieved with this order the petitioner filed an objection petition before the sub-divisional Magistrate under Rule 23 (4) of the Bihar Panchayat Election Rules (hereinafter referred to as 'the Rules'). The subdivisional Magistrate also held that the petitioner was debarred in view of Section 55 of the Bihar Panchayat Raj Act (hereinafter referred to as 'the Act') to contest the election for the post of Sarpanch as he had been declared elected Member of the Executive Committe. Hence this application,

(3.) The petitioner has further stated that he was the Sarpanch of the aforesaid Gram Panchayat continuously since the year 1962 and that he continued to be so at the date of the filing of his nomination paper for the membership of the Executive Committee and even there after at the date of filing his nomination paper for the post of Sarpanch and continues to be so. It is also said that the oath of office of a Member of the Execution Committee had not been administered to him and on that account he was not a Member of the Executive Committee at the date of filing of the nomination paper for the post of Sarpanch.