Where a statute creates a right and also provides a special remedy for enforcing that right, the general remedy of a suit in a civil court is impliedly barred.

Ahmad, J.

1. The only question raised in this application is as to whether civil Court has jurisdiction to entertain a suit challenging an election held under the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), (hereinafter to be referred to as the Act).

2. Sec.3(1) of the Act says that:

"For every village, the Government may, by notification, establish a Gram Panchayat".

Section 5(1) of the Act lays down:

"On the first establishment of the Gram Panchayat the prescribed authority shall cause to be prepared a register in the prescribed form of persons ordinarily residing within the local limits of the jurisdiction of the Gram Panchayat, and such register shall, among other things, contain the names of persons entitled under the provisions of Sec. 4 to be members of the Gram Panchayat on the date of its establishment".

Section 9 of the Act directs that:

"The executive functions of the Gram Panchayat shall be performed by an Executive Committee of which the head shall be known as the mukhiya".

Sec.10 of the Act provides for the election and says:

"As soon as may be after its establishment, every Gram Panchayat shall, in the prescribed manner, elect, from among its own number, a mukhiya."

The next section, that is, Sec.11, lays down:

"The mukhiya shall in the prescribed manner appoint the members of the Executive Committee from amongst the members of the Gram Panchayat."

Sections 49 and 51 in Chap. 7 of the Act deal with election of panches and election of sarpanch respectively. Those sections so far as they relate to election are- as follows:

Section 49(1): "Every Gram Panchayat shall, for the purposes of discharging the judicial functions imposed upon it by or under this Act, establish a Gram Cutchery consisting of a panel of fifteen persons of the prescribed qualifications to be elected by the Gram Panchayat in the prescribed manner ..... sec. 49(2): "The persons elected by the Gram Panchayat under Sub-section (1) shall be known as Panches".

Section 51 : "A sarpanch shall be elected by the panel of Panches from amongst themselves in the prescribed manner, and he shall be in charge of the prescribed registers and shall, subject to the provisions of this Act be the President of the Gram Cutchery and benches thereof".

Chapter 10 of the Act deals with miscellaneous provisions and Section 80 lies in that Chapter. That section deals with the power to make rules and in so far as it is relevant for the present purpose reads as follows:

Section 80 (1): "The Provincial Government may, after previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely; (a) the establishment of any authority under, and the exercise and performance of powers and duties conferred and imposed upon it by this Act; * * * * *

(d) the manner of electing a mukhiya;

(e) the manner in which the Executive Committee shall be appointed;

* * * * *

(q) the qualifications and the manner of election of Panches and the manner of publication of their names;

* * * * *

(v) any other matter by this Act required., or expressly or impliedly authorised, to be prescribed".

The Government in exercise of the power given to them under Section 80 of the Act have framed rules called the Bihar Panchayat Election Rules, 1949 (hereinafter to be referred to as Election Rules). The important rules therein so far as they relate to the present case are as follows:

Rule 3: "The first election of the Mukhiya and the Punches shall take place within a period of four months of the date of publication of the notification under Sub-section (1) of Sec.3 directing the establishment of the Panchayat in a village or group of villages: Provided that the Government may any time by order extend such period".

Rule 4(1): "On establishment of a Panchayat, the Elections Officer shall cause to be prepared in respect of that Panchayat