Mandatory election notice rules require seven clear days; excluding notice and poll days made the election invalid.

Rule 4 of the Panchayat Election Rules, 1954 was treated as mandatory because it required the Returning Officer to announce the ward particulars, number of panchas, and the date, time and place of election at least seven days in advance. The phrase "at least seven days before the date of election" was construed as seven clear days, excluding both the day of notice and the day of polling. A notice published on 14 October 1955 for an election on 21 October 1955 therefore gave only six clear days, so the notice was invalid and the election proceedings were held unsustainable.

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Issues: (i) whether Rule 4 of the Panchayat Election Rules, 1954 was mandatory; (ii) whether the notice of election published on 14 October 1955, for an election held on 21 October 1955, satisfied the requirement of announcement at least seven days before the election date.

Issue (i): Whether Rule 4 of the Panchayat Election Rules, 1954 was mandatory.

Analysis: The rule required the Returning Officer to announce, at least seven days before the election, the particulars of the wards, number of panchas and the date, time and place of election. The requirement was treated as essential to inform electors and candidates in advance, and the notice was held to be a condition precedent to a valid election.

Conclusion: Rule 4 was mandatory.

Issue (ii): Whether the notice of election published on 14 October 1955, for an election held on 21 October 1955, satisfied the requirement of announcement at least seven days before the election date.

Analysis: The phrase "at least seven days before the date of election" was construed to mean seven clear days. In computing time, both the day of announcement and the day of election were excluded. On that basis, the interval between 14 October and 21 October 1955 amounted to only six clear days, so the statutory requirement was not met. Non-compliance with the mandatory rule rendered the election proceedings illegal.

Conclusion: The notice was invalid and the election proceedings could not be sustained.

Final Conclusion: The election proceedings were quashed and fresh elections were directed to be held in accordance with law.

Ratio Decidendi: Where a statutory election rule requires notice to be given at least a specified number of days before the poll, the period must be computed as clear days by excluding both the day of notice and the day of election, and failure to comply with such a mandatory requirement invalidates the election.

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