Rule 4 of the Rajasthan Panchayat Election Rules, 1954, is a mandatory provision, and its non-compliance renders the election invalid.

WANCHOO, C. J.

( 1 ) THIS is an application by Prabhudayal under Article 226 of the Constitution for a writ direction or order in connection with the election of Malharna Dungar panchayat.

( 2 ) THE applicants case is that the election for the Panchayat at Malharna Dungar was fixed for the 20th of October, 1954, under Rule 4 of the Rajasthan Panchayat election Rules, 1954, the returning officer has, at least 7 days before the date of election, to announce for the information of the inhabitants of the Panchayat Circle by notice and in such/other manner as the Chief Panchayab Officer may direct the number and names of wards, if any, the number of Panchas to be elected from each ward and from the entire Panchayati Circle and the date, time and place of election. The applicant submits that the Returning Officer did not comply with Rule 4, inasmuch as he issued the notice under Rule 4 on the 18th of October, 1954. The applicant raised certain other points which, however we do not consider it necessary to set out for purposes of this case.

( 3 ) THE application has been opposed by the opposite parties, and the reply with respect to compliance with R. 4 is this. It is admitted that election was fixed for the 20th of October at 12 neon. It is said that the Returning officer fixed the date, time and place of the election by means of a notice on the 11th of October, 1954 and this notice was pasted on a conspicuous place on the 12th of October, 1954. This notice said that the election would be held at the Tahsil building in Malharna dungar on the 20th of October, 1954, at 12 noon. It also went on to say that the list of wards would be published later when received by the Returning Officer, It is also admitted that the list of wards and the number of Panchas to be elected from each ward were actually announced by a notice on the 15th of October, 1954.

( 4 ) IT is obvious from this admission on behalf of the opposite parties that Rule 4 was not strictly complied with inasmuch as though the date, time and place of the election were notified seven days before the list of wards and the number of panchas to be elected from each ward were not so notified by the time mentioned in Rule 4.

( 5 ) THE first question that arises in these circumstances is whether Rule 4 is a mandatory rule which must be obeyed before an election is held or is merely a directory provision. We fire clearly of opinion that it is a mandatory rule for the simple reason that before the notice mentioned in Rule 4 is published electors do not know whether the entire panchayat circle will be divided into wards or not and whether the election would take place for all the members of the panchayat treating the entire panchayat circle as one ward. It is clear from Rule 4 that it is not necessary that a panchayat circle be divided into wards, for the words "if any" appear after the words "the number and names of wards", and this clearly indicates that in certain circumstances the entire panchayat circle may be one ward for the election of the panchas. Consequently, the voters of a panchayat circle only come to know, for the first time, by the notice under Rule 4 that the panchayat circle will be divided into a certain number of wards, and a certain number of Panches will be elected from each ward. The rule also provides that this notice should be given to the electors at least seven days before the date of election. The reason for this is clear inasmuch as the electors must know sometime before they go to vote the number and particulars of the candidates for whom they would be required to vote. It is also necessary that the candidates, who are standing for election, should know whether they have to stand for the entire panchayat circle and have to canvass in that wide area, or whether they can stand in a certain ward out of the panchayat circle and have to canvass only in that limited area. The learned Deputy government Advocate also has not pressed before us that Rule