- (1.) THIS is a petition under Art. 226 of the constitution.
(2.) IN connection with the election of the Bairath Tehsil Panchayat, the Returning Officer fixed 21st Maji, 1955, as the date for nomination paper to be filed. The poll was to take place on the 26th of May, 1955. It so happened that out of the 14 Panchayats established in the Tehsil, the election of the Panchas and Sarpanchas of the 13 Panchayats was held in the month of January, 1955, but the election of the Gram Panchayat, Radawas was not held, as the matter of fixation of the centre of the Gram Panchayat was under consideration. Ultimately the election of the Radawas Gram Panchayat was held on 11th May, 1955, and the Panchas and Sarpanch were duly elected. The Electoral Roll prepared under Rule21 of the Panchayatelection Rules, however, did not contain the names of the Panchas and Sarpanch of the Gram Panchayat Ramdawas, and the Petitioner Kalyan Chandra made an application to the Returning Officer that the list which had been prepared previous to the election of the Gram Panchayat of Radawas be corrected by including the names of the Panchas and Sarpanch of the Radawas Panchayat, who had been elected on the 11th May, 1955. The Election Officer did not accede to the request, and held the election of the Tehsil Panchayat on 27th May, 1955, as previously notified. The present petition has been filed by Kalyan Chandra, and the election of the Tehsil Panchayat held on 27th May, 1955, is challenged on various grounds. It is only necessary to discuss two of the grounds, which go to the root of the election. Under Rule 23 of the Panchayat Election Rules it is incumbent on a Returning Officer to fix a date for the filing of the nomination papers on a day not less than a week before the date fixed for election. In the present case the duration was less than a week, for the date of nomination papers was fixed to be 21st May, while the election was to be held on the 27th of May. Where it is provided that the period between two events shall not be less than a week, it should be a clear week between the two events. The election being contrary to Rule 23 was, therefore invalid. Again, under sec. 58 of the Rajasthan Panchayat Act, 1953, (Act No XXI of 1953) it is provided that for the purposes of election of a Sarpanch and Panchas of a Tehsil Panchayat, the members consisting of the Sar-panchas and Panchas of all the Panchayats in the Tehsil established or deemed to have been established under the Act shall form an electoral college. In the present case, the Gram Panchayat of Radawas had been constituted before the date fixed for nomination, and, therefore, it was incumbent upon the Returning Officer to see that the Panchas and Sarpanch of Radawas Panchayat were also given the right to take part in the election. While it is true that the list has to be prepared by the Chief Panchayat Officer under Rule 21 of the Election Rules, any mistake therein should also be corrected when the matter is brought to the notice of the Returning Officer. As the petition, among others, was not allowed to exercise his right to take part in the election, the election of the Tehsil Panchayat held on 27th of May, 1955, is invalid on this ground as well. The learned Deputy Government Advocate very candidly expressed his inability to support the election. The petition is, therefore, allowed, and the election of the Tehsil Panchayat, Bairath, held on 27th of May, 1955, is aside. The Chief Panchayat Officer will have the list of the Panchayats of the Tehsil properly corrected, and further proceedings will thereafter be taken for the constitution of the Tehsil panchayat Bairath. No order as to costs. .;