RAMDEO PRASAD SINGH Vs. ELECTION OFFICER SARMERA GRAM PANCHAYAT ELECTIONS

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is for quashing the election of Sarmera Gram Panchayat held on the 23rd of May, 1971.

(2.) According to the petitioners the polling of the said election as per election programme was scheduled to be held on the 17th May, 1971, the Election Officer by his Memo No. 407, stayed the holding of the election on the 17th of May, 1971, and fixed it for poll on the 23rd of May, 1971. Thus, according to the petitioners, there was a clear violation of Rule 91 of the Bihar Panchayat Raj Elections Rules. The said rule runs as follows:

(3.) The scheme of the Act and the Rules framed thereunder is that once the date for holding the election has been notified, it cannot be changed to another date and it was only in case of emergency that the District Magistrate could, for reasons to be recorded in writing, change the date of election. The other direction given to the District Magistrate is that he must communicate the change of date so ordered by him to the Government for confirmation within a week of his order.