The interpretation of "specially appointed" in Rule 2(g) of the Bihar Panchayat Election Rules, 1959, does not require specific appointment by name, but rather appointment for a specific purpose.

Misra, J.

1. These two appeals, which have been heard together, arise out or a judgment in M. J. C. Nos. 1338 and 1371 of 1962. Appellants Haro Mahton, Mathura Singh, Ramji Mahton, Bankey Mahton, Siasaran Prasad and Kailash Mahton were petitioners in M. J. C. No. 1338 of 1962 and Ashiq Hasan Khan was petitioner in M. J. C. No. 1371 of 1962. The appellants in L. P. A. No. 40 of 1963 claim to be Punch member of the Executive Committee and voters, respectively, of the Gobai Gram Panchayat in the district of Monghyr. Appellant Ashiq Hasan Khan of L. P. A. No. 89 of 1963 claims to be the Mukhiya of the same Gram Panchayat. The election of new office-bearers of this Gram Panchayat was held on the 16th and 17th of October, 1962, respectively, in which respondents Gangasaran Singh and Shahabuddin Khan were elected as Mukhia and Sarpanch, respectively. The Punches and members of the Executive Committee alto have been arrayed as respondents to the appeal. The appellants challenged the legality of the election in which the respondents were declared elected as new office bearers, mainly, on the ground that Shri Ramadhar Sharma, the Block Development Officer of Sheikhpura (respondent No. 2), who acted as the Elections Officer and supervised the elections of the Gram Panchayat, was not competent to act in that capacity. It was alleged that he was appointed to act as the Elections Officer by the Sub-divisional Officer, Sadar, Monghyr, within whose jurisdiction this Gram Panchayat falls, under Rule 2(g) of the Bihar Panchayat Election Rules, 1959 . Hence, the elections held by him were illegal, void and without jurisdiction. It may be stated that, apart from M. J. C. Nos. 1338 and 1371 of 1962, there was yet another petition bearing M. J. C. No. 1337 of 1962 filed by one Ramadhar Singh.

2. Kamla Sahai, J. heard the three applications and dismissed them holding that Shri Ramadhar Sarma, Block-Development Officer, Sheikhpura, was duly authorised by the Sub-divisional Officer, Sadar, Monghyr, in terms of Rule 2(g) of the Bihar Panchayat Election Rules referred to above, and as such there was no illegality of any kind in his capacity to act as the Elections Officer. The two appeals, as I have already stated, arise out of these two applications.

3. Mr. B.C. Ghose, who appears in support of the appeals, has reiterated the argument which he advanced before the learned single Judge and has urged that the judgment of the learned Single Judge is erroneous, in that, he did not interpret correctly Rule 2(g) of the Bihar Panchayat Election Rules in terms of which Shri Ramadhar Sharma was authorised to act as the Elections Officer. Before I proceed to deal with this argument in detail, I may set out here Rule 2(g) on the proper interpretation of which depends the worth of the argument of the learned Counsel. That rule runs thus:

"2. In these rules, unless there is anything repugnant in the subject or context- X X X X

(g) Elections Officer means the Sub-divisional Magistrate exercising jurisdiction over the Sub-division within the local limits of which the Gram Panchayat in which the election or the bye-election is to be held is situated, and includes any other officer who may be specially appointed by the Elections Officer to discharge any of his functions under these rules."

It appears to me unnecessary to refer to Rule 2(q) which defines "Sub-divisional Magistrates" Inasmuch as that question has not been raised before me by the learned counsel. If Rule 2(g) is read in a general way, particularly the words occurring at the end of the rule "and includes any other officer who may be specially appointed by the Elections Officer to discharge any of his functions under these rules", there can be no doubt that Shri Ramadhar Sharma was duly authorised. It is not disputed that Shri Sharma purported to act as the Elections Officer in accordance with the notification issued by Shri Sushil Jha, dated the 2nd January, 1960, who happened to hold the office of