Rule 4 of the Rajasthan Panchayat Election Rules, 1954, which requires the Returning Officer to announce the notice of election at least seven days before the date of election, is a mandatory provision, and non-compliance with this provision renders the election proceedings invalid.

RANAWAT, J.

( 1 ) THIS is an application under Article 226 of the Constitution of India.

( 2 ) THE petitioner is one Anokhmal of village, Choru, in Tehsil Uniara, district Tonk. His case is that a village panchayat was established at Choru under the provisions of the Rajasthan Panchayat Act, and the elections of Panchas and Sarpanch of the said Panchayat were held on the 21st of October, 1955, and respondents Nos. 3 to 17 were declared elected. It is stated on behalf of the petitioner that notice under rule 4 of the Panchayat Election Rules of 1954 (hereinafter to be referred to as the Rules) was published by the Returning officer on the 14th Of October, 1955. and a copy thereof was affixed on the notice board of the Panchayat the same day. Copies of the said notice were also circulated in the villages constituting the choru Panchayat through Patwaris on the 15th of October, 1955. Thus the case of the petitioner is that the notice under Rule 4 of the Rules was not announced 7 days before the date of election and the proceedings of election are, therefore, challenged to be invalid. The prayer of the petitioner is that the proceedings of election be declared to be in valid and the Chief Panchayat Officer be directed to hold fresh elections Of the Panchayat. It has also been stated by the petitioner that he raised an objection in this behalf before the Returning Officer at the time of election, but it was not considered and the proceedings of election were conducted if spite of the objection having been raised by him.

( 3 ) NO replies have been filed by the opposite parties. The record of election has, however been placed before this Court by Shri Bam Avtar Deputy Government advocate.

( 4 ) THE fact that notice of, election under Rule 4 was announced on the 14th of october, 1955, and that election was held on the 21st of October. 1955, as stated by the petitioner, is supported by the record of the proceedings of election. The only point which Reserves consideration is whether a contravention of Rule 4 has taken place in this case.

( 5 ) RULE 4 of the Rules is as follows:

"the Returning Officer shall, at least seven days before the date of election, announce for the information of the Panchayat Circle by notice and in such other manner as the Chief Panchayat 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 Panchayat Circle and the date, time and place of election. "

( 6 ) RULE 4 is mandatory and we may refer to the decision of this Court in prabhudayal v. Chief Panchayat Officer, Jaipur, Civil Writ No. 15 of 1955. D/- 3-91956: (AIR 1957 Raj 95) (A ). The observations in the judgment of that case are as follows:

"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 are clearly of opinion that it is a mandatory rule for the simple reason that before the notice mentioned in Rule 4 is published, the 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 clean from Rule 4 that it is not necessary that a panchayat circle may 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 their panchayat circle will be divided into a certain number of wards, and a certain number of panchas 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