SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1970 Supreme(MP) 111

S.M.N.RAINA, SHIV DAYAL
BHAGWAN SINGH – Appellant
Versus
COLLECTOR, DISTRICT GWALIOR – Respondent


Advocates Appeared:
A.B.MISHRA, R.S.Bajpai, S.R.SHRIVASTAVA

SHIV DAYAL, J.

( 1 ) THIS is a petition under Article 226 of the Constitution challenging the election of gopal Singh (Respondent No. 3) as Sarpanch of Gram Panchayat, Gadazar, district gwalior.

( 2 ) ON April 15, 1970, election of the Panchas of the Gram Panchayat was held. The petitioner was elected a Pancha. On August 5, 1970, a meeting for the election of sarpanch and Up-Sarpanch was held, for which a notice had been issued on July 27, 1970, specifying the date, time and place of the meeting. The petitioner and respondent No. 3 were the contesting candidates.

( 3 ) THE petitioner's contention is that the proceedings of the meeting were void inasmuch as the meeting was called by the Panchayat Inspector and not by the chief Executive Officer, who was the prescribed authority under Section 19 (1) of the Act, This contention is misconceived. The meeting was actually called by the panchayat and Social Education Organizer (Panchayat Ewam Samaj Shiksha sanghathak ). He was the prescribed authority within the meaning of Section 19 (1) read with Rules 79, 77 and 78 of the Rules framed under Sections 12, 21, etc. For a detailed discussion see Bhotey v. Collector, Gwalior, Misc. Petn. No.














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top