Sabyasachi Mukharji, J. - (1.) This is an appeal by special leave granted by this Court against the order dated 7th April, 1972 of the High Court of Judicature for Rajasthan, at Jodhpur, in Special Appeal No. 74 of 1972. The High Court of Rajasthan, Jodhpur in the said appeal refused to interfere with the order of the learned single Judge of that High Court, the learned single Judge had dismissed the writ petition of the appellant challenging the order of termination of his services.
(2.) The appellant was an employee of the Rajasthan Government and was appointed as returning officer to conduct Panchayat elections at Sardi in Panchayat Samiti Ladnun in the district of Nagaur held in the month of December, 1960. At that time, the appellant was working as Superintendent, Sheep and Wool, Nagaur. The election was to take place on 26th December, 1960 and the date for submission of nomination forms was 25th December, 1960. Four persons, namely, Shri Chaturbhuj, Shri Puma Ram, Shri Jiwan Ram and Shri Jiwan Dass filed their nomination forms. The nomination paper filed by Shri Chaturbhuj was alleged to have been found incomplete and it was, therefore, rejected. The nomination paper was said to be defective for the following reasons - (i) In the opening line the Ward Number was not filled in and the space provided therefor was left blank; (ii) In the second line out of the words Panch / Sarpanch one of the two was not struck out-, so that there was no indication whether the nomination was for the office of Panch or that of Sarpanch. (iii) In the third line in the blank space again intended to specify the office, the said Chaturbhuj had filled in his own name thus instead of stating that he was proposing himself as candidate for the office of Panch or Sarpanch; it was found that he was proposing himself as Chaturbhuj. (iv) At the end of sub-paragraph (1) containing a declaration by the candidate as to his qualifications the said Chaturbhuj did not strike off one of the two words Panch / Sarpanch.
(3.) In view of the above, the nomination paper was rejected. Shri Jiwan Dass and Shri Jiwan Ram withdrew their candidature and Shri Purna Ram was left alone in the field and was, therefore, elected to the office of Sarpanch.;