Dismissed

Resham Bai D/O Shri Lal Chand v. State of Rajasthan

Rajasthan HC4 Feb 2019CW/2681/2019

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the time schedule for the election of Pradhan issued by the District Election Officer. The Court held that despite Rule 59 stipulating the Returning Officer provides the schedule, the District Election Officer's action did not render the process illegal or warrant writ jurisdiction interference.

What the court decided

AI extract

Resham Bai D/O Shri Lal Chand Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 2681/2019

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Resham Bai D/o Shri Lal Chand, Aged About 26 Years, By Caste Bheel, R/o Village Barkhedi, Panchayat Samiti Aklera, District Jhalawar.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director Cum Special Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur.

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State Election Commission, Rajasthan Through Chief Election Officer Cum Secretary, Jaipur.

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District Election Officer (Collector)(Pancaya), Jhalawar.

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Chief Executive Officer, Zila Parishad, Jhalawar.

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----Respondents

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For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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04/02/2019

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The only grievance raised by the learned counsel for the petitioner is with reference to Annexure-7 dated 28^th January, 2019, issued by the District Election Officer (Collector), Jhalawar, whereby time schedule has been provided for election of ‘Pradhan’ of Panchayat Samiti, Aklera, District Jhalawar.

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The singular point, that has been raised for consideration is, that once the ‘District Election Officer’ appointed ‘Returning Officer’ vide order dated 28^th January, 2019; then the Returning Officer, Aklera, District Jhalawar, who was also Sub-Divisional

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(2 of 9)

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[CW-2681/2019]

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Officer/Assistant Returning Officer-Tehsildar Jhalawar, alone could have provided for the time schedule. Thus, it was not open for the District Election Officer, Jhalawar, to provide the time schedule for the Election for it would be inviolation to mandate of Rule 59(2)(3) and provisio (2) of the Rajasthan Panchayati Raj (Election) Rules, 1994, (for short, ‘the Rules of 1994’).

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Heard and considered.

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At this juncture, it will be profitable to take note of text of Rule 59 of the Rules of 1994, which reads thus:

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“ 59. Election of Pradhan.- (1) The Pradhan of a Panchayat Samiti shall be chosen by the elected members of the Panchayat Samiti from amongst themselves.

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(2) The meeting of elected members for election of a Pradhan shall be held at the office of the Panchayat Samiti on the day and the time fixed by the State Election Commission and the meeting shall be presided over by the Returning Officer.

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Explanation:- For the purpose of this rule "Returning Officer" means an officer appointed by the District Election Officer.

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(3) The Returning Officer shall affix notice of the meetingon the notice board of the Panchayat Samiti stating therein the time schedule fixed by the State Election Commission for election of Pradhan:

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Provided that the Returning Officer may extend time for poll, if necessary or may declare the poll as finally concluded earlier in case all the members holding office have voted.

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(4) (a) The nomination of every candidate shall be made by means of a nomination paper in Form IV B.

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(3 of 9)

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[CW-2681/2019]

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(b) Every nomination paper shall be signed by a member as proposer and the candidate shall sign a declaration on it expressing his willingness to stand for the election.

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(d) Every nomination paper shall be presented by the candidate or his proposer on the date, at the place and during the hours specified in the notice for filing nomination paper.

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(e) Immediately after the time for receipt of nomination papers is over, the Returning Officer shall cause to be published a list containing the names of the candidates whose nominations have been received.

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(5) (a) At the time appointed for scrutiny of nominations, the candidate or his proposer may attend at such place and time as is specified in the notice for the scrutiny of nomination papers and the Returning Officer shall give such person all reasonable facilities to examine the nomination papers of all the candidates which have been received as aforesaid.

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(b) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made at the time to any nomination and may, either on such objection or on his own motion, and after such summary enquiry, if any, as he may deem necessary, reject any nomination on any one or more of the following grounds:-

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(I) that the proposer is a person who is not a member of the Panchayat Samiti;

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(ii) that any of the provisions of clauses (a) to (d) of Sub-rule (4) have not been complied with:

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Provided that the nomination of a candidate shall not be rejected merely on the ground of incorrect description of his name or of the name of his proposer or of any other particulars relating to the candidate or his proposer if the identity of the candidate or proposer as the case may be can otherwise be established beyond reasonable doubt.

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(4 of 9)

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[CW-2681/2019]

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(c) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected he shall record in writing a brief statement of reason for such rejection.

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(6) The Returning Officer shall cause to be published a list containing the names of the validly nominated candidates in Form IV-C by affixing it on the notice board of the Panchayat Samiti.

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(7) (a) Any candidate may withdraw his candidature by a notice in writing before the time fixed under Sub-rule (3) and deliver the same to the Returning Officer personally.

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(b) No person who has given a notice of withdrawal of his candidature under clause

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(a) shall be allowed to cancel the notice.

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(c)The Returning Officer shall arrange the names of contesting candidates in Hindi in alphabetical order, and prepare the list of contesting candidates in Form V-A in Hindi Language written in devnagri script and affix it on the notice board of the Panchayat Samiti.

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Explanation- Alphabetical arrangement shall be made with reference to the names of candidates and not with reference to their surnames, if any.

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(8) (a) If there is only one candidate, there shall be no poll and the candidate so nominated shall be declared to have been duly elected as the Pradhan in Form VII-A.

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(b)If there are two or more contesting candidates, an election shall be held by secret ballot and votes of the members present at the meeting shall be taken. No member shall be allowed to vote by post or proxy.

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(c)If there is no validly nominated candidate, all proceedings in relation to election shall be commenced afresh on the date and time fixed by the State Election Commission for the purpose.

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(5 of 9)

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[CW-2681/2019]

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(9) If poll is to be taken, the Returning Officer shall assign shymbol to each contesting candidate according to Sub-rule (10) and the decision of the said officer in the allotment of symbols shall be final.

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(10) (a) The State Election Commission shall by notification in the official gazette, specify the symbols that may be chosen by candidates at elections of Pradhan the restriction to which their choice shall be subject to.

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(b)For the candidates set up by a party which is a recognized Political Party in the State under the Election Symbols (Reservation & Allotment) Order, 1968, symbols reserved for that party under the said order shall be allotted provided such a political party sets up only one candidate per office.

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Explanation:- To be considered a candidate set up by a recognized political party, a candidate should produce a letter to that effect signed by the president of the State unit of that party or any person authorized by him in this behalf before the time and date fixed for withdrawal of nomination is over.

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(c)Where at any such election more nomination papers than one are delivered by a candidate, the choice of symbol made in the nomination paper first deliverd, and no other choice of symbol, shall be taken into consideration even if that nomination paper has been rejected.

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(d)The candidate shall present his nomination paper in Form IV-B to the Returning Officer and indicate his choice of symbol.

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(e)The Returning Officer shall consider the choice of symbol expressed by the contesting candidates in their nomination papers and shall;

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(i)allot a different symbol to each contesting candidate in conformity, as far as practicable with his choice; and

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(ii)if more than one contesting candidates have indicated their reference for the same symbol decide by lot to which of such candidates the symbol will be allotted.

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(6 of 9)

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[CW-2681/2019]

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(11) Immediately after allotment of symbols, the Returning Officer shall announce the names of the contesting candidates on the basis of list of contesting candidates prepared by him in Form V-A in Hindi language written in Devnagri script and a copy of the said list of contesting candidates along with symbols shall be supplied to each candidate.

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(12) (a) The ballot paper for the election shall be in such form as the Commission may direct and the particulars therein shall be in Hindi written in Devnagri script.

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(b)The names of candidates shall be typed or legibly written on ballot papers in the same order as they appear in the list of contesting candidates.

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(c)If two or more candidates bear the same name, they shall be distinguished by addition of their father's or husband's name, as the case may be, or in such other manner as the Returning Officer may deem fit.

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(13) (a) The Returning Officer shall cause such arrangement to be made as will ensure the secrecy of the ballot paper. (b)Returning Officer will be assisted by Polling Officer to be appointed by District Election Officer (Panchayats).

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(c)The ballot paper shall be duly authenticated by the seal and signature of the Returning Officer. The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates. If two or more candidates bear the same name this shall be distinguished by addition of their father's or husband's name, as the case may be, or in such other manner as the Returning Officer may deem fit.

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(d)The Polling Officer shall tick mark the entry in the list of members before issuing ballot paper.

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(e)Every member wishing to vote shall place a cross-mark on the ballot paper against the name of the candidate whom he wants to vote by means of the instrument supplied for the purpose by the Returning officer.

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(7 of 9)

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[CW-2681/2019]

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(f)He shall then fold up the ballot paper so as to conceal his vote and deposit the same in a ballot box placed in the view of the Returning Officer.

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(g)If a voter to whom a ballot paper has been issued, does not conceal his vote, the Returning Officer shall take back the ballot paper and cancel it recording on its back the words "cancelled-voting procedure" and put his signature below those words.

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(h)If the voter is unable to place a mark on the ballot paper owing to blindness or other physical infirmity the Returning Officer shall record the vote on the ballot paper in accordance with the wishes of the voter and fold it up so as to conceal the vote and the voter shall then himself or with the assistance of the Returning Officer insert the ballot paper into the ballot box.

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(i)The ballot box shall be so constructed that the ballot papers can be introduced therein but cannot be withdrawn.

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(14) (a) The Returning Officer shall scrutinise the ballot papers in the meeting and separate those which in his opinion are valid from those which in his opinion are invalid, endorsing on the later the word "rejected" and the ground of rejection.

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(b)A ballot paper shall be invalid on the following grounds:-

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(i)that it bears any mark or signature by which an elector can be identified, or

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(ii)that the mark is placed against more than one name, or

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(iii)that no mark is recorded on the face of the ballot paper or it is marked on the back of ballot paper or the mark is so placed that it could not be ascertained for whom the vote has been casted or the mark is made by an instrument other than the one supplied for the purpose by the Returning Officer, or

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(iv)that it is a spurious ballot paper, or

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(v)that voter has failed to conceal his vote, or

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(8 of 9)

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[CW-2681/2019]

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(c)Every ballot paper which is not rejected shall be counted as one valid vote.

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(d)If after the counting of the votes is completed, an equality of votes is found between any candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote

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(e)The candidate who secures the largest number of votes shall be declared elected.

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(f)The declaration of result of election shall be made in the Form VII-A.(g)Immediately after the declaration of the result in Form VII-A the Returning Officer shall cause to be affixed a copy of the same on the notice board of the Panchayat Samiti and supply copy to the elected candidate, to the State Election Commission for publication of name of elected candidate in the official Gazette, to the District Election Officer (Panchayats) and to the Director, Panchayati Raj Department.”

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A glance of Sub-rule 2 and 3 of Rule 59, as extracted hereinabove, would reflect that for the purpose of this Rule, the ‘Returning Officer’ means an Officer appointed by the ‘District Election Officer’. Once the District Election Officer appointed the ‘Returning Officer’, in that event, though the Returning Officer/Assistant Returning Officer, could provide for the time schedule for the election. But, for the District Election Officer, provided the time schedule per se would not render the process illegal.

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In view of the text of Rule 59, I find no illegality, much less, a material illegality/irregularity, warranting any interference by

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(9 of 9)

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[CW-2681/2019]

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this Court in exercise of writ jurisdiction under Article 226 of the

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Constitution of India.

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In the result, writ application fails, and is, hereby dismissed.

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(VEERENDR SINGH SIRADHANA),J

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Pcg/199

Resham Bai D/O Shri Lal Chand v. State of Rajasthan

Case brief

What is this about?

What the court decided

Resham Bai D/O Shri Lal Chand v. State of Rajasthan

Case brief

What is this about?

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