INDRAVADAN PARSHOTTAMDAS DESAI Vs. INDRAVADAN ABMALAL MEHTA

JUDGEMENT

(1.) This petition is directed against an order passed on 29th November 1967 by Mr. J. D. Desai Assistant Judge Nadiad in Civil Misc. Application (Election) No. 51 of 1967 where by the election of wards Nos. 8 and 9 Block J of the Nadiad Municipality came to be set aside as the nomination paper of opponent No. 13 respondent No. 12 before this Court was improperly rejected by the Returning Officer and thereby the result of the election materially affected.

(2.) The municipal limits of the City of Nadiad have been divided into various blocks such as blooks A to J for the purpose of municipal elections. The Wards Nos. 8 and 9 fall within block 1. This Block J has been allotted in all three seats. While two of them were general seats the third one was a reserved seat for schedule caste for the purpose of elections or the elections to be held in the month of June 1967 nomination papers were invited from voters qualified to vote at the general election and they were accordingly filed by the two petitioners before this Court and respondents Nos. 2 3 4 5 6 8 and respondent No. 12 for the general seats allotted to that Block and that respondents Nos. 7 and 9 had their nomination papers filed for the reserved seat for the schedule caste. They filed on 12th May 1967 and the scrutiny thereof took place before the Returning Officer-respondent No 10 on 16-5-67. At the time of scrutiny it appears that an objection arose wIth regard to the eligibility for standing as a candidate at the election of respondent No. 12 the allegation being that he had stood as a surety for one Ramanbhai Ex. 67-an employee of the Municipality of Nadiad. The Returning Officer asked respondent No. 12 by showing the surety-bond to him as to whether he had signed the same and that he had stood surety for the Municipal Clerk Ramanbhai. to that he replied in the affirmative and on that basis the Returning Officer the respondent No. 10 passed an order stating as under:-

(3.) The elections were thereafter held on 10-6-67 in respect of the other candidates whose nominations were accepted by the Returning Officer for the general seats. While petitioner No. 1 got 997 votes the other petitioner got 1303 votes. Since that was the highest amongst the candidates for general seats they came to be declared as duly elected by the Returning Officer on 13-6-67. For the reserved seat the respondent No. 7 got 238 votes. Since they were more than what the other candidate obtained he also similarly came to be declared as duly elected. The respondent No. 1 Indravadan Ambalal Mehta undisputedly was a voter in the Voters List Ex 68/3 at serial No. 335 of Ward No. 8 in Block J. He filed a petition in the District Court at Nadiad under sec. 14 of the Act for having the entire election set aside in respect of these two Wards in block J. on the ground that the nomination paper of respondent No 12 Thakorbhai Maganbhai Patel was improperly rejected and that it has materially affected the election. According to him this respondent No. 12 had never stood as a surety for any municipal employee such as Ramanbhai 13 and that the real surety for him was one other person having the same name as respondent No. 12.