PRAVIN C SONEJI Vs. RANJITSINH DOLATSINH DODIA

JUDGEMENT

(1.) The petitioner Shri Pravin C. Soneji challenges the right claimed by Shri Ranjitsinh Dolatsinh Dodia the respondent in the petition to be elected and to act as councillor of the Rajkot Municipal Corporation.

(2.) The respondent is elected as Councillor at the election in question. General elections to the Rajkot Municipal Corporation were held in January 1981 The nomination forms for the aforesaid elections were to be delivered by 17/12/1980 The scrutiny thereof was held on 19/12/1980 The polling for the election took place on 25/01/1981 It may be stated that the petitioner lost the election by a margin of about 200 votes.

(3.) The grievance of the petitioner before me was that the respondent was disqualified for being a Councillor. In this behalf reliance was placid by the petitioner on sec. 10 of the Bombay Provincial Municipal Corporation Act 1949 (hereinafter referred to as the Act) which is in so far relevant is set out as under: 10 Disqualification for being a councillor: