SHIV NARAIN Vs. DISTRICT JUDGE BARABANKI

JUDGEMENT

(1.) THE short question involved in this writ petition is as to whether section 20 and sub-section (5) of section 20 of U. P. Municipalities Act (hereinafter referred to as the Act) will be applicable in case of challenge of the election of Chairman of Town Area or not.

(2.) THE petitioner was declared elected on 13-11-1988 as Chairman of the Town Area Committee. On 13th December, 1988 opposite party no. 3 filed an election petition purporting to be one under section 43-8 read with section 19 of the Act and section 6-H of U. P. Town Areas Act, 1914. THE Munsarim of District Judge reported that the District Judge does not possess the jurisdication to entertain the election petition and only the Munsif, Barabanki had the jurisdiction to entertain this petition. It was also reported that election petition was barred by ?time as the last date for filing the election petition was 12-12-1988 and not 13-12-1988. On 12-1-1989 District Judge, Barabanki rejected the report of the Munsarim by passing order to the effect that the election petition was rightly filed before his Court in view of the amendment incorporated in section 20 (5) of the Act and it was also not barred by time, as the result was declared on 13-11-1988 and the petition could have been filed within thirty days from the said date i.e. on or before 13-12-1988.

(3.) A perusal of the aforesaid provisions show that the election petition shall be presented to the District Judge exercising jurisdiction in the area in which the Municipality to which the election petition relates situates and such a petition shall be heard and decided by the District Judge.