Violation of mandatory provisions of Rule 17 of the Bihar Panchayat Election Rules renders the entire election a nullity.

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 the different stages of the election including the date and hour of poll. The fact that an election programme has been published shall be announced by beat of drum in the different wards of the Panchayat within 48 hours of the publication of the programme."

The case of the petitioner is that the election programme was not drawn up according to rule 17 which was never published nor announced by beat of drum In the different wards of the said Gram Panchayat within 48 hours of its publication, or at any time, as required by the said Rule 17. It was alleged by the petitioner that the election programme was prepared under Rule 17 on the 10th May, 1962, but subsequently cancelled by the Elections Officer by his order dated the 29th May, 1962. A copy of this election programme is annexure A to the writ application. A second election programme was prepared on the 23rd June, 1962, but this also was cancelled by the Elections Officer by his order dated the 25th June, 1962. A copy of this election programme is annexure B to the writ application. For the third time the Elections Officer prepared an election programme on the 25th June, 1962, and a copy of this election programme is annexure C to the writ application. The case of the petitioner is that this election programme was not drawn up according to Rule 17 and the mandatory provisions of that rule were not carried out by the Elections Officer.

2. In these circumstances the petitioner has Detained a rule from the High Court calling upon the respondents to show cause why the election of the respondents to the various offices of Hathiawan Gram Panchayat of the 17th and 18th August, 1962, should not be quashed by grant of a writ in the nature of certiorari under Article 227 of the Constitution.

3. Cause has been shown by learned Counsel on behalf of the respondents to whom notice of the rule was ordered to be given.

4. The main question presented for determination in this case is whether there has been a violation of Rule 17 of the Bihar Panchayat Election Rules which has already been quoted above. The election programme was signed by the Elections Officer on the 25th June, 1962, which is annexure C to the writ application and is reproduced below :-

"Office of the Elections Officer, Khizsrsarai, Gaya, Election Programme of Panchayat.

Programme of general election of Panchayats within Khizarasarai Block under the Bihar Panchayat Rsjya Election Rules, 1959.

For Gram Panchayats-Hathiawan, Sarbahda, Basan Bigha, Maksudpur, Mai.

Particulars. Date Time Place 1.Publication of election programme by beat of drum Rule 17.On 14-5-62, the entire programme has been executed according to the list of 10-5-62

2.Publication of true copy of the voters list. Rule 10(1).27-6-62 to 11-7-62.From 10.30 to 5 p. m.In each ward, the pu