Jaibir Singh vs District Judge and Others

M. Katju, J.—The Petitioner was elected as Pradhan of a Gram Panchayat and Respondent No. 3 filed an election petition u/s 12 of the U.P. Panchayat Raj Act. The allegation of the Petitioner is that the deposit of Rs. 50 was not made in accordance with Rule 3 of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1996 because the said amount was deposited not in the account of the Gram Panchayat but in the personal ledger account of District Gaon Fund. The Petitioner''s objection was rejected by the impugned order dated 22.5.1996 and his revision has also been dismissed by the District Judge on 31.5.1996. Hence this Petition.

Learned Counsel for the Petitioner submitted that since there is a technical error, hence the election petition should have been dismissed for breach of Rule 3. In this connection, I may mention that I have taken the view in Jai Bhagwan v. Vth Addl. District Judge Writ Petition No. 27884 of 1996 decided on 29.8.1996. That there is difference between how this Court functions under the Representation of People Act acting as an Election Tribunal and how this Court decides a writ petition under Article 226. When this Court acts itself as an Election Tribunal then, of course, it is bound by all the technicalities of election law. However, when this Court exercises its discretionary jurisdiction under Article 226, the Court is not bound to interfere merely because there is a technical violation of law by the authority concerned. It is settled law that writ Jurisdiction is discretionary Jurisdiction and this Court is not bound to interfere for technical violations of the law.

In the present case, the allegation of the Petitioner is that the Respondent No. 3 did not deposit Rs. 50 with the Gram Panchayat but deposited it in the personal ledger account of District Gaon Fund. I cannot see how the Petitioner is prejudiced, even if there is a technical violation of Rule 3. The Petitioner can contest the election petition on merits and I am not inclined to interfere in this matter.

The petition is dismissed.