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1956 Supreme(Raj) 212

BAPNA, WANCHOO
Surajmal Sharma – Appellant
Versus
Pirthi Singh, Thakur – Respondent


Advocates Appeared:
V.P. Tyagi, for applicant

Bapna, J. —This is an application by Surajmal Sharma under Art. 226 of the Constitution, and arises in the following circumstances—

In the Tehsil Panchayat of Bassi there are 14 Panchayats duly established under sec. 3 of the Rajasthan Panchayat Act, 1953, (Act no, XXI of 1953). Out of the aforesaid 14 Panchayats, election of 13 Panchayats took place, but the election of the Gram Panchayat, Bassi, which was to be held on 27th February 1955, was postponed on account of an apprehension of a breach of the peace ; and since then neither the election has taken place nor nomination of the Panchas has been done under sec. 8 of the Act. Under sub-sec. (2) of sec. 58 of the Act, the members consisting of the Sarpanchas and Panchas of all Panchayats in the Tehsil form the electoral college for the election of a Sarpanch and Panchas of the Tehsil Panchayat. The Chief Panchayat Officer directed the holding of election of the Tehsil Panchayat on the 29ih of May, 1955, and appointed Shri Pirthi Singh as the Returning Officer. The petitioner was one of the candidates, and was proposed by Phundilal. His nomination paper was rejected on the ground that in the electoral roll prepared by the Chief Pan







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