Judgment Birendra Prasad Sinha, J. 1. The petitioner and respondents Nos.3 to 8 filed their nomination papers for election to the office of Mukhiya of Raj Amouja gram Panchayat in the district Madhubani. The date of filing of nomination paper has not been given in the application and the learned Counsel appearing for the parties are not in a position to supply that date at present but, as stated in paragraph four of the application, the date fixed for the poll was the 3rd of June, 1978. As such, the nomination papers were received prior to 3.6.78. There were six polling stations in the Panchayat, viz. , polling booth nos.13 to 18. On polling booth No.13, the poll was disturbed at about 215 p. m. and a first information report was lodged by the polling officer against some persons. On five other polling booths, the polling concluded peacefully. Polling on booth No.13 was adjourned by the Election Officer on account of the interruption on that booth. The petitioner filed an application on 7.6.78 before the Election Officer cum Sub-divisional Officer, Jhanjharpur, for fixing a date of poll for the remaining voters of booth No.13. The respondent-Election officer by his order dated the 8th June, 1978. cancelled the polling of all the polling stations and ordered that re-polling on all the booths will take place on a date to be specified later. This order is contained in Annexure 3 of the application. The petitioner has prayed for the issuance of a writ of certiorari quashing the order dated the 8th June, 1978, contained in Annexure 3, or to modify the said order by directing the respondent-Election Officer to hold the polling at booth No.13 of the remaining voters only. 2. Shri Mani Lall, learned Counsel appearing for the petitioner, has submitted that the order passed by the respondent-Election Officer is illegal and without jurisdiction inasmuch as he cannot order for re poll to be taken at all the polling stations nor can he cancel the poll taken at the booths where it had been conducted peacefully. He has drawn my attention to rule 50 of the Bihar panchayat Election Rules, 1959, the relevant portion of which reads as under : "50.
He has drawn my attention to rule 50 of the Bihar panchayat Election Rules, 1959, the relevant portion of which reads as under : "50. (1) (a) If at an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence or it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause to the satisfaction of the Presiding Officer, the Presiding Officer for such polling station shall, for reasons to be recorded in writing, announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Election Officer. (b) Whenever a poll is adjourned under sub-rule (1), the Election Officer shall appoint the day on which the poll shall recommence and fix the polling station at which the poll will be taken, and the votes cast at such election shall not be counted until such adjourned poll shall have been completed : provided that the hours during which the poll will be taken will be the same as fixed under rule 30 of these rules and the appointment of the day of polling and fixation of the polling station shall be announced by beat of drum in the different wards of the Panchayat. (c) When a poll adjourned under sub-rule (1) is recommenced the voters who have already voted at the poll so adjourned shall not vote again after its recommencement. " What has happened in the present case is that the ballot papers of all the five polling booths, where the election was being held peacefully, were counted. Referring to the words "and the votes cast at such election shall not be counted until such adjourned poll shall have been completed", Shri Mani Lall submitted that the words "such election" mean the election at the booth where the polling had been adjourned on account of the disturbance. He, therefore, submitted that irrespective of the fact that counting of the votes of the other five booths have been completed, the polling has to take place only at booth No.13 and that also of the voters who could not vote.
He, therefore, submitted that irrespective of the fact that counting of the votes of the other five booths have been completed, the polling has to take place only at booth No.13 and that also of the voters who could not vote. Shri Mani Lall has relied upon the case shambhu Sharan Singh V/s. Dhananjaya Prasad Verma, (1962 BUR 202) where untwalia, J. , (as he then was) interpreting rule 50 (1) observed that the words at such election" with reference to the context would necessarily mean at such selection at the particular booth, because even under clause (c) a partial poll is permissible under certain circumstances at that booth. Be that as it may, even if Annexure 3 is held to be illegal for this reason, the petitioner cannot succeed on other grounds and direction as prayed for cannot be issued by this Court. 3. According to rule 90, if the election is not held for some reason or the other within a period of six months from the date of filing of nomination papers, it shall be held after calling for fresh nomination papers. Rule 90 reads as under: "in case election of Panchayat is not held for some reasons or the other within a period of six months from the date of filing of nomination papers or within such further period, not exceeding sixty days, as the district Magistrate may under special circumstances and in public interest, extend, by an order in writing, the election shall be held after calling for fresh nomination papers. " In Dilip Kumar Singh V/s. State of Bihar, (1970 BLJR 692 : AIR 1971 Patna 65), a Full Bench of this Court held that rule 90 was mandatory. Admittedly, nomination papers were received in the present case prior to 3.6.78. More than six months have passed since then. There is nothing on the record to show that the period of six months was ever extended by another sixty days by the District magistrate. According to rule 90, if the election is not held "for some reason or the other", the same was bound to be held after calling for fresh nomination papers. While admitting this application, it was ordered that the Election officer, Jhanjharpur, will not hold re-poll of any booth except booth No.13, in terms of his order dated 8.6.78 (Annexure 3 ).
While admitting this application, it was ordered that the Election officer, Jhanjharpur, will not hold re-poll of any booth except booth No.13, in terms of his order dated 8.6.78 (Annexure 3 ). This means that there was no bar for holding the re-poll of booth No.13. The words "for some reason or the other" is very wide and takes in its sweep even the situation like the present one. 4 Shri Mani Lall then submitted that election has been held within six months of the date of filing of nomination papers, i. e. , the polling took place at the various booths. According to him, therefore, rule 90 does not come into play. It is not possible for me to agree to this contention. The election is a process and conssits of various stages. The general election is defined under the Rules to mean an election held on the expiry of the term of the office of the mukhiya, Sarpanch and the other office-bearers of the Gram Panchayat. Even for this general election an election-programme is published giving the time-table of the different stages of the election including the date and hour of the poll. The different stages of election referred to in rule 17 means the filing of nomination papers by the candidates, the scrutiny of nomination papers by the election Officer and the withdrawal by a candidate of his or her candidature under rule 25, on completion of the scrutiny of nomination papers and after the expiry of the period within which candidatures may be withdrawn under rule 24, the Election Officer is required to prepare a list of the duly nominated candidates. Under rule 26, the Election Officer may declare all such candidates to be duly elected to fill the seat or seats if the number of duly elected candidates is equal to the number of seat or seats to be filled. According to rule 28, if the number of duly nominated candidates exceeds the number of seat or seats to be filled, a poll becomes necessary and shall have to be taken. Then comes rule 50. According to this rule, polling at the adjourned polling stations has to be taken. Rules 51 and 52 lay down the procedure how the votes will be counted.
Then comes rule 50. According to this rule, polling at the adjourned polling stations has to be taken. Rules 51 and 52 lay down the procedure how the votes will be counted. Under rule 54, as soon as the counting of ballot papers of all the ballot boxes used in the election has been completed, the Presiding Officer shall forthwith announce the names of the candidates and the number of valid votes held b\ them and shall declare the successful candidates elected. It is only after such a declaration has been made that the process of election is complete. According to rule 90, if the election is not held within a period of six months, the same will have to be held after calling for fresh nomination papers. Rule 90, therefore contemplates of a situation where all the stages of election including the declaration of the result have been completed within a period of six months from the date o f filing of nomination papers. The word "elect", according to the Chambers Dictionary, means "to choose, to select for any office or purpose : to select by vote Adj. chosen : taken by preference from among others : chosen for an office". In my opinion, therefore, unless the result of the election is announced and the successful candidates are declared elected, the election of the Panchayat cannot be said to have been held. la the present case, the election could not be held for some reason or the other within a period of six months from the date of filing of nomination papers. Therefore, now the election of the Gram Panchayat will have to be held after calling for fresh nomination papers according to rule 90. 5. I have found above that the order passed by the Election Officer cum sub-divisional Officer, contained in Annexure 3 to this application, is illegal and without jurisdiction. The same is. therefore, quashed : but I am unable to give a direction as prayed for in this writ application. As stated above, the election of the Gram Panchayat in question should now be held after calling for fresh nomination papers in accordance with rule 90 of the Bihar Panchayat-Election rules 1959. This application, therefore, partially succeeds and is disposed of in terms of the observations made above. There shall, however, be no order as to costs. Application partly allowed.