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1966 Supreme(Raj) 202
Rajasthan High Court
Jagat Narayan, J.
Chunaram - Appellant
Versus
The Munsif Magistrate, Jodhpur - Respondents
S.B. Civil Writ Petition No. 812 of 1965
Decided On : September 22, 1966
M.C. Bhoot, S.R. Sharma, for Petitioner; M.M. Singhvi R.R. Chacha, for Opposite Parties; M.L. Joshi, Dy. Government Advocate
Headnote:Panchayats and Nyay Panchayats (Election) Rules, RR. 14 and 16—Place of acceptance to be specified—Acceptance of nomination papers at different place—Irregularity prima facie materially affects result but presumption open to rebuttal.
It is not reasonably practicable for an elector who wishes to stand as a candidate to find out the Returning Officer on the day of filing of nomination papers, unless the place where he is to be found for accepting them is notified in advance. The rule making authority could not have intended that such a place should not be appointed by the Collector under R. 14. It is, therefore, necessary to hold that it is implicit under R. 14 that the Collector shall not only appoint the day and the hour by which the nomination papers are to be presented but also the place at which they are to be presented. Similarly, it must be held that R. 16(1) authorises the Returning Officer to accept the nomination papers only at the place specified in the R. 14. Under R. 16(2) any nomination paper not delivered at the place named in the notice issued under R. 14 must be rejected. The Returning Officer must reach this place sufficients before the last hour appointed for receiving nomination papers so that all the persons who wish to present their nomination papers may be able to do so before the time fixed for this purpose in the notice under R. 13. Where the nomination papers are accepted at another place than that specified in the notification there is a presumption that the result has been materially affected but the presumption is rebuttable. (Para 12)
2. One election petition was filed by Girdhari Singh challenging the election of Chuna Ram, Sarpanch. Another election petition was filed by one Vijay Singh challenging the election of Chuna Ram, Sarpanch and the other ten Panchas elect-ted from the ten wards of Nevra Gram Panchayat. These two election petitions were consolidated. A reply was filed by Chuna Ram and the other ten Panchas in the election petition filed by Vijay Singh, whose election was challenged. No reply was filed in Girdhari Singhs election petition. The allegations made in Girdhari Singhs election petition were same as those made in Vijay Singhs election petition. I shall refer to the allegations made in Vijay Singhs election petition and the reply therefore filed by Chuna Ram in that petition.
3. A notice was issued by the Collector, Jodhpur, under Rule 14 of the Rajasthan Panchayat and Nyaya Panchayat Election Rules on 15.12.1964 stating that nomination papers could be filed by 10 a m. on 8.1.1965 before the Returning Officer Shri Shyam Sunder Lal at Panchayat Centre Nevra. The Returning Officer went to Nevra on 7.1.1965 and stayed at Jata School and accepted the nomination papers there upto 10 a.m. on 8.1.1965. As a result of the acceptance of the nomination papers Chuna Ram was declared duly elected as Sarpanch without any contest and 10 other persons were similarly declared as duly elected as Panchas from the ten wards without any contest.
4. On 6.2.1965 Girdhari Singh and Vijay Singh filed the election petitions referred to above. In para 3 of the petition it was stated that a copy of (he notice under Rule 14 issued by the Collector on 15.12.1964 was posted on the notice Board of the Gram Panchayat Centre that is on the notice board of the Gram Panchayat office and was also published by posting in different wards. In reply to para 3 it was admitted that the notice was posted on the notice board as in different wards. It was not alleged that the Panchayat had no office.
5. In part 4 of the petition it was stated that the Gram Panchayat Centre, i.e. the office of the Gram Panchayat was in the Kot of Bhim Singh since 1957. In reply to para 4 it was stated that the Panchayat Office was not situated in the Kot of Bhim Singh. It was no where stated in the reply where the office of the Panchayat was situated. The existence of the office of the Panchayat was not denied in reply to para 4.
6. In para 5 it was stated that according to the notice under Rule 14, the nomination papers were to be presented before the Returning Officer at the Panchayat Centre, Nevra, and that the polling was to take place on 9.1.1965 at 5. p.m. at the school. In para 6 of the petition it was stated that the School where the polling was to take place was 50 ft. from the Panchayat Centre, Nevra, i.e., from the office of the Gram Panchayat. In reply to para 5 it was stated that the nomination papers were to be accepted at Jata School. In reply to para 6 it was stated that the said school was 2 miles from the office of the Gram Panchayat. Here again the existence of the office of the Gram Panchayat was expressly admitted.
7. It may be mentioned that there are two schools in village Nevra, one is the Government school which is referred to as Jata School and the other is a smaller private school, which is situated at 50 paces from the Kot of Bhim Singh who was the Sarpanch of the village Panchayat when the present elections took place.
8. In the order-sheet dated the 6th September, 1965, the learned Munsiff has stated that it was conceded by Chuna Ram that the nomination papers were not accept
