NARENDRA MOHAN KASLIWAL, J. - (1.) THE case of the petitioner is that he was a candidate for the office of Pradhan, Panchayat Samiti, Lalsot, whose election was held on 26 -12 -81. The respondent No. 5 Shri Ram Roop Mishra was declared elected as Pradhan of Panchayat Samiti, Lalsot, defeating the petitioner by a margin of 10 votes.
(2.) THE allegation of the petitioner is that the Government of Rajasthan vide notification dt. 14 -12 -81 published in the Rajasthan Gazette extraordinary dated 15th December, 1981, notified the programme for the election to the office of Pradhan of various Panchayat Samilies in the State of Rajasthan. This notification was issued in exercise of the powers of the State Government vested in it under 3 of the Rajasthan Panchayat Samitis and Zila Parishads (Election of Pradhan and Pramukh) Rules, 1979 (here in after referred to as the rules). According to the above notification, the election programme for the office of Pradhan, Panchayat Samiti, Lalsot, District Jaipur was declared as under: (1) Date of filing nominations, Scrutiny thereof and withdrawals of candidature 25 -12 -1981 (2) Date of poll 26 -12 -1981 (3) Time of poll From 8.00 a.m. to 1.00 p.m. Section 12 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (here in after referred to as the Act) provides the provisions for election of a Pradhan. The Sub -Divisional Officer, Dausa, District Jaipur, acted as Returning Officer for the election of the office of Pradhan, Panchayat Samiti Lalsot. According to the petitioner though the notification published in the Gazette dated 15 -12 -81 fixed the dates for nomination and poll and also fixed the time there of but it did not call upon the electors of the Panchayat Samiti to elect the Pradhan as was required under Rule 3 of the Rules.
(3.) THERE is no force at all in the above objection. A perusal of Annexure 1 which is a copy of the notification dated 19th December, 1981 clearly shows that it was issued in persuance to Rule 3 of the Rules and it was issued for the purpose of calling upon the electors in all the Panchayat Samities of the whole State of Rajasthan and dates were fixed for holding the elections and the electors had to cast their votes if necessary on the date and time mentioned in the notification. There is thus no defect at all in issuing such notification and it was perfectly in compliance of the provisions of Rule 3 of the Rules.;