SAKHAWANT ALL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant who is a legal practitioner residing within the limits of the Kendrapara Municipality and practising as mukhtar in the criminal and the revenue courts there filed his nomination paper for election as a Councillor of the Municipality on the 15th March 1951. That nomination paper was rejected by the Election Officer on the 25th March 1951 on the ground that he was employed as a legal practitioner against the Municipality in a case u/s 198 of the Bihar and Orissa Municipal Act which was pending in the S. D. M's Court.

(2.) The Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) was passed by the local Legislature and received the assent of the Governor on the 7th November 1950 and was published in the official gazette on the 11th November 1950. Section 1 of the Act runs as under:

(3.) Section 16 of the Act prescribes the disqualifications of candidates for election and provides: