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1964 Supreme(Pat) 42

R.K.CHOUDHARY, V.RAMASWAMI
Bharosa Singh – Appellant
Versus
Sheo Baran Singh – Respondent


Judgment

1. In this case there was a polling for the election of a Mukhiya and Sarpanch of Hatinawan Gram Panchayat on the 17th August, 1962. There was another polling for election to the posts of Ranches and members of the Executive Committee of the same Gram Panchayat on the 18th August, 1962. As a result of tha pollings respondent No. 1 was elected as the Mukhiya of the said Gram Panchayat, respondent No. 2 as the Sarpanch, respondents Nos. 3 to 5 as the Ranches and respondent No. 7 as a member of the Executive Committee. Respondents Nos. 6, 8, 9 and 13 were also declared elected uncontested to the office of a Panch and members of the Executive Committee on the 4th August, 1962. The case of the petitioner is that the whole election is illegal as there has been a violation of the mandatory provisions of Rule 17 of the Bihar Panchayat Election Rules which states as follows :

"17. On the eve of each general election or bye-election, the Elections Officer shall cause to be published in the office of the Panchayat as also in the office of the Block Development Officer, Anchal Adhikari, Circle Officer, Project Executive Officer of the area an election programme giving the time-table of






































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