GULAM YASIN KHAN Vs. SAHEBRAO YESHWANTRAO WALASKAR

JUDGEMENT

(1.) The appellant, Gulam Yasin Khan, and respondent No. 1, Sahebrao Yeshwantrao Walaskar, were candidates for election as members to the Municipal Committee, Malkapur, District Buldana, from Ward No. 17. The date fixed for filing the nomination papers was 16th March, 1964, and the date for scrutiny was 18th March, 1964. Both the appellant and respondent No. 1 had filed their nomination papers as required by the relevant Rules. When the stage of scrutiny arrived, respondent No. 1 objected to the validity of the candidature of the appellant. He alleged that the appellant's son Khalidad Khan was a Moharir on Octroi Naka employed by the Municipal Committee; as such, he was a servant of the Committee. According to respondent No. 1, the employment of the appellant's son by the Municipal Committee showed that the appellant had an interest in the Municipal Committee; and son, he was disqualified from standing for election under S. 15(1) of the Central Provinces and Berar Municipalities Act, 1922 (No. II of 1922) (hereinafter called 'the Act'). The appellant disputed the validity of this objection. He alleged that his son was not staying with him and bad no connection with him whatsoever.

(2.) On March 18, 1964, the Supervising Officer overruled the objection raised by respondent No. 1. He held that on the facts brought to his notice. S. 15(1) of the Act was inapplicable.

(3.) Aggrieved by this order respondent No. 1 filed a Special Civil Application No. 173 of 1964 under Articles 226 and 227 of the Constitution before the Bombay High Court (Nagpur Bench) on April 3, 1964. By his petition, respondent No.1 urged that the decision of the Supervising Officer overruling his objection to the candidature of the appellant was patently invalid in law; and so, he asked for a writ, order or direction of an appropriate nature setting aside the impugned order of the Supervising Officer and prohibiting him from holding the election from Ward No. 17 as scheduled on April 19, 1964.