The period of limitation for filing an election petition under Rule 19 of the Rajasthan Panchayat Election Rules, 1954, begins to run from the date of notification under Rule 18(c) and not from the date of declaration of the result of the election or the date of taking oath by the elected candidate.

K. N. WANCHOO, C. J.

( 1 ) THIS Full Bench has been constituted to resolve a conflict which has arisen between two decisions of this Court both by Division Benches. The first decision was given on 1-10-1956 in Kishorilal v. Indersingh Mehta, (Civil Writ Petition No. 191 of 1956) decided at Jaipur. It was held there that an election petition under rule 19 of the Rajasthan Panchayat Election Rules, 1954, (hereinafter called the rules) could be filed even before the election was notified under Rule 18 (c) read with Section 14 o the Rajasthan Panchayat Act, No. XXI of 1953 (hereinafter called the Act ). The second decision was given on the 11th of October, 1957 at jodhpur in Civil Writ patition No. 114 of 1956 Mangilal v. The Collector of Bhilwara, (AIR 1958 Raj 84 ). As the first decision was not marked "reportable", it was not known in Jodhpur when the second decision was given. The question, which falls for consideration, may be formulated as follows : can an election petition under Rule 19 of the Rajasthan Panchayat election Rules, 1954 be filed before the notification under Rule 18 (c) of the same rules read with Section 14 of the Rajasthan Panchayat Act (No. XXI of 1953)?

( 2 ) SECTION 14 of the Act is as follows : "every election or appointment of a Sarpanch, Upsarpanch and a Panch shall be notified in Rajas- than Gazette in accordance with rules made under this Act. "

( 3 ) RULE 18 (c) which is relevant for present purposes is as follows : "upon receipt of the report under Rule 17, the Chief Panchayat Officer shall, as soon as possible (c) notify the names of the Panchas, Sarpanch and Upsarpanch so elected or appointed. "

( 4 ) THEN comes Rule 19, the relevant part of which is as follows:

"the validity of the election of any Panch, Sarpanch or Up-sarpanch may be challenged by a petition presented by a defeated candidate or by ten duly qualified electors to the Collector within 15 days from the date of the notification under Rule 18. "

( 5 ) THE question, which falls for consideration is whether an election petition under rule 19 can only be filed within 15 days after the notification under Rule 18 (c) or it can be filed even before the notification under Rule 18 (c ). The reason why this trouble has arisen is this. Section 15 of the Act provides that every Panch or sarpanch shall, as soon as possible after his election or appointment, as the case may be make in the prescribed manner the prescribed oath or affirmation of his office and, unless this is done, shall not perform any of his functions under this act. A question arose in Dalelsingh v. Tehsildar Chhoti Sadri, Civil Writ No. 107 of 1956 decided on 12-9-1957: (AIR 1958 Raj 81) as to whether Panchas could start functioning after taking the oath under Section 15 without waiting for the notification under Section 14. It was held in that case that Panchas could start functioning after taking the oath under Section 15 even though the notification under Section 34 had not been made. The position, therefore, is that the Panchas can start functioning even before the notification under Section 14 and the question arises as to when an election petition can be filed. There are three possible dates after which an election petition could be filed. Under Rule 12 of the Rules, the Returning Officer declares a candidate duly elected immediately after the election is over. That is one date after which the election petition can be filed. Then comes the oath under Section 15 of the Act which may be taken on this very day or some days or weeks later. That is another date after which the election petition may be filed viz. after the oath has been taken. Then there is the notification under Section 14. This may precede the taking of oath under Section 14 or it may follow it. That is a third date after which the election petition can be filed. Rule 19 has to be interpreted keeping these three dates in mind.

( 6 ) THE learned Judges, who decided Kishorilals Case, Civil Writ Petn. N