- (1.) THIS is an application by Mangilal and others under Article 226 of the constitution for a writ of certiorari against the order of the Collector, Bhilwara, in a panchayat election matter.
(2.) THE case of the fourteen applicants is that twelve out of them were elected to the Gram Panchayat Hamirgarh on 2-10-1955. They were all members of the Jan sangh Party and the Congress Party was defeated in the elections. Consequently, opposite parties Nos. 2 to 11, who were members of the Congress Party, filed an election petition before the Collector under Rule 19 of the Rajasthan Panchayat election Rules, 1954 (hereinafter called the Rules ). The enquiry into the petition was made by the Sub-Divisional Officer and thereafter the Collector set asids the election of the twelve applicants under R. 20. Consequently, the applicants have come up to this Court and their main contentions are these: (1) That Rules 19 and 20 of the Rules providing for decision of elections are ultra vires, as not being within, the rule making power of the government. (2) That the election petition was premature inasmuch as no notification was made under Section 14 or Rule 18 (c) even till the application was decided by the Collector. (3) That the Collector committed a mistake of law apparent on the face of the record inasmuch as he set aside the election on a ground other than those mentioned in Rule 20.
(3.) THE application has been opposed by the ten opposite parties who had filed the petition. In addition, we gave notice to the learned Government Advocate as the validity of Rules 19 and 20 of the Rules was being challenged and have heard the learned Deputy Government Advocate on behalf of the State. We shall now take the points raised by the applicants one by one.;