SURAT SINGH Vs. KISHORI LAL

JUDGEMENT

(1.) One of the items at a meeting of the Delhi Corporation held on 24/04/1967 was the election of two of its representatives on the Delhi Development Authority. Three candidates had filed nomination papers : they were Kishori Lal, Kedar Nath Sahni and Surat Singh. It was objected that Kishori Lal was interested in the business of development of land in Delhi as a Shareholder and also as a Director of Capital Land Builders (Private) Ltd. Kishori Lal denied that he was so interested. The Mayor of Delhi who presided at the meeting rejected the nomination paper on the ground that Kishori Lal was interested in the business of sale and purchase of land in Delhi and was on that account disqualified to be a member of the Delhi Development Authority. The two candidates who remained in the field were declared duly elected by the Mayor.

(2.) In a petition under Article 226 of the Constitution filed by Kishori Lal, Deshpande, J. of the High court of Delhi quashed the order of the Mayor rejecting the nomination paper of Kishori Lal and declaring illegal the election of Surat Singh and Kedar Nath Sahni as representatives of the Corporation on the Delhi Development Authority. The learned Judge directed that another election be held according to law. Against the decision of Deshpande, J. , appeals were preferred by the Mayor of the Corporation of Delhi and by Surat Singh. The High court confirmed the order passed by Deshpande, J. with certificate granted by the High court this appeal is preferred by Surat Singh. The Mayor has not preferred any appeal.

(3.) Two contentions are urged in support of this appeal : (1) that the Mayor was under the provisions of the Delhi Corporation act and the rules framed thereunder competent to reject the nomination, power in that behalf having been conferred upon him; and (2) in any case, the objection against nomination amounted to raising a point of order, and the ruling of the Mayor on the point of order was by Rule 33 of the Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations, 1958, final.