A person whose name finds place in the electoral roll of the Assembly constituency is eligible for election to the Gram Panchayat under Section 10 (1) (a) of the Orissa Gram panchayat Act, 1964.

A. MISRA, J.

( 1 ) THIS writ application has been filed under Article 226 of the Constitution for quashing the orders of the Election Officer (opposite party No. 1) dated 29-12-70 rejecting the nomination paper of the petitioner for election to the office of the chairman of Maneswar Panchayat Samiti on the ground that his name does not find place in the electoral roll of the Grama within the jurisdiction of the Samiti. The petitioner alleges that he is known as Mangaraj Senapati alias Mangaraj. He filed two nomination papers duly proposed and seconded; that his name finds place in the electoral roll contemplated under Section 4 (1) of the Orissa Gram panchayat Act and that the rejection of his nomination was illegal and without jurisdiction. Opposite Party Nos. 1, 2 and 5 filed counter opposing the application. According to them, during the last general election of Gram Panchayats held in the year 1970, the Block Development Officer who was the Election Officer published the electoral roll of the petitioner's Gram Dhanupali according to wards on 14-4-70 and invited objections before 22-4-70. After finalising the electoral roll of the gram, the Gram Panchayat elections were held and the said electoral roll was maintained in the register envisaged in Section 9 of the Gram Panchayat Act. The nomination of petitioner was rejected on the ground that his name was not found in the register constituting the electoral roll.

( 2 ) PETITIONER has filed Annexure 1 showing that his name finds place in the electoral roll of the Assembly constituency within which his Gram is included and this fact is not disputed. Section 16 (3) (a) of the Orissa Panchayat Samiti Act, 1959 which provides the eligibility qualifications for election as Chairman of the panchayat Samiti runs as follows:-" 16 (3) (a ). The members of all the Gram Panchayats within the jurisdiction of the Samiti shall, in the prescribed manner, elect the chairman of the Samiti from among persons who are elected as or are eligible to be elected as members of any such Gram Panchayat. " petitioner alleges that under the relevant provisions of the Gram Panchayat Act, he was eligible to be elected as a member of the Gram Panchayat. Therefore, he satisfied the requirements of Section 16 (3) (a) of the Orissa Panchayat Samiti Act and rejection of his nomination is illegal.

( 3 ) THE point for consideration is whether under the provisions of the Orissa Gram panchayat Act, 1964 (hereinafter to be referred to as the Act) petitioner was eligible to be elected as a member of the Gram Panchayat. According to the petitioner, the electoral roll of the Assembly constituency constitutes the electoral roll of the Gram under Section 4 (1) of the Act and a person whose name finds place in it is eligible for election to the Gram Panchayat under Section 10 (1) (a) of the Act. On the other hand, it is urged on behalf of opposite parties that Rule 6 of the Panchayat Samiti (Conduct of Election) Rules, 1966 lays down that no person shall be eligible to stand as a candidate for the office of Chairman unless his name finds place in the electoral roll of the Gram and under Rule 4 of the Orissa Gram panchayats Election Rules, 1965, the Election Officer is to cause splitting up of the electoral roll for each Gram so as to have a separate electoral roll for each ward. Therefore, unless a person's name is found in the register for each ward as envisaged in Section 9 of the Act, he will not be eligible for being elected as a member of the Gram Panchayat and as such ineligible for contesting the election to the office of Chairman, Panchayat Samiti.

( 4 ) IT is to be seen which of the rival contentions is to prevail. The relevant provisions which are to be considered in this connection are Sections 4 (1), 8, 9 and 10 (1) of the Act. Under Section 4 (1), so much of the electoral roll of the assembly constituency for the time being in force as relates to the Gram shall be deemed to be the electoral roll in respec