SHIV DAYAL, S.M.N.RAINA
BHOTEY – Appellant
Versus
THE COLLECTOR, DIST. GWALIOR – Respondent
( 1 ) THIS is a petition under Article 266 of the Constitution challenging the election of the Sarpanch of the Gram Panchayat, Bhalka, district Gwalior. After the election of the Panchas, a meeting was called for the election of the Sarpanch. That meeting was held on August 5, 1970. Sughar Singh (respondent No. 3) was declared elected. The contention in this petition is that the election is void for various reasons.
( 2 ) THE petitioner's contention is that the meeting to hold the election of the sarpanch was not called by the competent authority. Relying on Sections 29 and 30 of the Panchayats Act and the rules made thereunder it is contended that every meeting of the Gram Panchayat must be called by the Sarpanch and since the meeting for the election of the Sarpanch under Section 21 of the Act is a meeting of the Gram Panchayat, it must be called by the Sarpanch. This contention must be rejected. Sections 29 and 30 are general provisions for meetings of Gram panchayat and the procedure for such meetings. But Section 21 of the Act is a special provision for the election or appointment or the Sarpanch and the Up-Sarpanch, which is to be held in the first meeting fixe
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