RAM NARESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The elections of the office-bearers of different Gram Panchayats have been challenged in these writ applications. The validity of the elections has been questioned primarily on the ground that the electoral rolls for such elections were prepared under such provisions of the Bihar Panchayat Raj Act, 1947 and the Rules framed thereunder, which are ultra vires. The petitioners in different writ applications have also challenged the respective elections on the ground that they have been held in contravention of the different rules of the Bihar Panchayat Election Rules, 1959. As common questions of law are involved in these writ applications, they were heard together and are being disposed of by a common judgment.

(2.) The Bihar Panchayat Raj Act, 1947 (hereinafter to be referred to as the Act), came in force in the year 1948. The object, as mentioned in the preamble of the said Act was to establish and develop Local Self-Government in the village communities of the province of Bihar, Section 4 of the Act contained the provision regarding membership of a Gram Panchayat who could vote at the election. It was amended in the year 1963. In view of this amendment, persons of the locality, who were voters of the Assembly constituency, were deemed to be the voters for the Gram Panchayat election. In the year 1978, however, the aforesaid Section 4 was again amended by the Bihar Panchayat Raj Amendment Ordinance, 1978 (herinafter to be referred to as Ordinance No. 5 of 1978), which came in force on and from 25th February, 1978. The amending section runs as follows:--

(3.) A direction had already been issued by the State Government on 4th February, 1978 to different Commissioners of the Divisions and the District Magistrates requesting them to take steps for preparation of the supplementary electoral roll containing names of persons above 18 years of age. A programme for the same was also forwarded. The draft of that supplementary electoral roll, according to the programme, was to be published between 3-3-1978 to 8-3-1978, objection thereto was to be filed between 9-3-1978 to 13-3-1978, hearing on the objection was to be made between 14-3-1978 to 18-3-1978. After corrections on the basis of the objection supplementary voters' list was to be finally published between 3-4-1978 to 7-4-1978. A copy of this communication is Annexure-3 to the writ application of C.W.J.C. No. 2583 of 1978. The election programme was published on 11th April, 1978. Date for filing nomination papers was fixed for 19-4-1978 and elections were held on 24-5-1978.