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1968 Supreme(Pat) 33

R.L.NARASIMHAM, B.N.JHA
RAM PRAVESH PRASAD – Appellant
Versus
KAILASH SINGH – Respondent


Advocates appeared:
Mr. Ram Bilas Sinha for the Appellants;
Messrs Jugal Kishore Prasad and Rajendra Kishore Prasad for the Respondents

Judgment

Narasimham, C.J.

This is a Letters patent appeal against the judgment of a single Judge of this Court in Civil Writ Jurisdiction Case No. 811 of 1965. One Kailash Singh (respondent no. 1) filed an application under Articles 226 and 227 of the Constitution, challenging the validity of the elections held to Khanetu Gram Panchayat in the district of Gaya on the 14th June, 1965. The main ground urged in support of the application was that the elections were conducted by two Presiding Officers, viz., Shri Singheshwar Prasad Singh and Shri Saheb Dayal Singh, for booths 1 and 2, and that they had no jurisdiction to function as Presiding Officers, inasmuch as they were appointed as Presiding Officers by the Sub-divisional Magistrate functioning as Election Officer after he had delegated his power as Election Officer to the Block Development Officer, Tekari Block. It was urged that, after such delegation, the Sub-divisional Magistrate lost his power to appoint Presiding Officers, and that consequently, Shri Singheshwar Prasad Singh and Shri Saheb Dayal Singh could not validly function as Presiding Officers, and conduct the elections. Several other grounds were alleged in support of t






















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