AMRUTLAL CHUNILAL RAVAL Vs. DATTATRAYA PANDURANG HAJARNIS

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Bombay High Court maintaining an order of the District Court, Poona by which the appellant's election as President of the Bhor Municipal Council was set aside on an election petition filed by the respondent.

(2.) The appellant stood for election to the office of President of the Bhor Municipal Council. He filed his nomination paper on 21st October, 1974, and the election was held on 17th November, 1974. The appellant was declared elected the next day and the result of the election was published in the Government Gazette on 25th November, 1974.

(3.) The first respondent filed an election petition before the District Court, Poona challenging the appellant's election. He alleged that the appellant had been convicted on 26th December, 1973 by the Judicial Magistrate, Bhor under Section 16 of the Prevention of Food Adulteration Act and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs. 200/-. Accordingly, he said, by virtue of Sec. 51 (2) read with Section 16 (1) (a) of the Maharashtra Municipalities Act, 1965, the appellant was not qualified for election as President of the Municipal Council. During the pendency of the election petition the Maharashtra Government made an order under clause (a) of sub-sec. (1) of Section 16, Maharashtra Municipalities Act, 1965 ("the Act") declaring: