S.N.P.SINGH, N.L.UNTWALIA
Musai Rai – Appellant
Versus
State Of Bihar – Respondent
1. The point involved in these two applications is identical. The petitioner in C.W.J.C. 150 of 1965 was elected as mukhiya and the petitioner in C. W. J. C. 151 of 1965 was elected as sarpanch of Ladaura Sumera Gram Panchayat in the District of Muzaffar-pur. The election petitions were presented before the Election Tribunal the member of which was a Deputy Collector Incharge Land Reforms, challenging the election of both the petitioners. The nomination papers of both the petitioners had been rejected by the Elections Officer. They filed applications before the Subdivisional Officer under Rule 23 of the Bihar Panchayat Election Rules, 1959, hereinafter called the Rules. The Subdivisional Officer accepted the nomination papers of both the petitioners. That being so, within the meaning of Sub-clause (i) of Clause (b) of Rule 2 of the Rules, the proper Election Tribunal where the two election petitions ought to have been presented was one, the member of which was an Additional District Magistrate, because an order made under Rule 23 (4) of the Rules was sought to be challenged in both the applications, as originally presented. That Is to say, the case of the petitioners in bot
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