NISAR AHMAD IBRAHIM KHAN Vs. DEOLALI CANTONMENT BOARD

JUDGEMENT

(1.) This appeal is by the returned-candidate, who was elected as a Member of the Deolali Cantonment Board ("Board") from Ward No. III at the election held on 22-12-1985 and whose election has been set aside by the Extra Joint District Judge, Nasik, in Election Petition No. 12 of 1985 at the instance of respondent No. 3 who was another contesting candidate.

(2.) Special leave is granted. The appeal is taken up for final hearing, heard and disposed of by this judgment. We have heard Shri Ram Jethmalani, Senior Advocate for the appellant and Shri Bhasme, Senior Advocate for the respondent No. 3. Shri G. Ramaswamy, learned Solicitor-General appeared for the Cantonment Board, respondent No. 1.

(3.) The material facts necessary for determination of the controversy in this appeal may briefly be stated :