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1972 Supreme(Pat) 80

B.D.SINGH, S.ANWAR AHMAD
Deosaran Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application under Articles 226 and 227 of the Constitution of India relates to election to the post of Mukhia of Ramabandh Gram Panchayat. The election programme was published on the 23rd March, 1971. Item No. 15 of the programme, viz., the date for the election of Mukhia, was later on revised to be the 5th of June, 1971. The petitioner as well as respondents Nos. 4 and 5 filed their respective nomination papers but before scrutiny respondent No. 5 withdrew his nomination. On the 2nd April, 1971, the petitioner objected to the acceptance of the nomination paper of respondent No. 4 (Satrughan Narain Singh) on the grounds envisaged in Rule 89 (b) of the Bihar Panchayat Election Rules, 1959, but his objections were overruled by the Election Officer by his order dated the 3rd April, 1971. The petitioner preferred an appeal to the Sub-divisional Officer under Rule 23 (4) of the Bihar Panchayat Election Rules. The appeal was allowed on the 15th April, 1971. It was allowed in the sense that the nomination paper of respondent No. 4 was rejected and, as a result thereof, the petitioner was elected uncontested as the Mukhia of Ramabandh Gram Panchayat on the 19th April, 1971,





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