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1978 Supreme(Pat) 218

B.S.SINHA, NAGENDRA PRASAD SINGH, SHIVESHWAR PRASAD SINHA
Ram Naresh Rai And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. The elections of the office-bearers of different Gram Panchayats have been challenged in these writ applications. The validity of the elections has been questioned primarily on the ground that the electoral rolls for such elections were prepared under such provisions of the Bihar Panchayat Raj Act, 1947 and the Rules framed thereunder, which are ultra vires. The petitioners in different writ applications have also challenged the respective elections on the ground that they have been held in contravention of the different rules of the Bihar Panchayat Election Rules, 1959. As common questions of law are involved in these writ applications, they were heard together and are being disposed of by a common judgement.

2. The Bihar Panchayat Raj Act, 1947 (hereinafter to be referred to as the Act), came in force in the year 1948. The object, as mentioned in the preamble of the said Act was to establish and develop Local Self-Government in the village communities of the province of Bihar, Section 4 of the Act contained the provision regarding membership of a Gram Panchayat who could vote at the election. It was amended in the year 1963. In view of this am













































































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