HIRA Vs. CHETU AND ORS.

JUDGEMENT

(1.) This Special Appeal is directed against the judgment of G.C. Mathur J. dated 28th April, 1966, allowing writ petition No. 670 of 1966 filed by respondent No. 1 Chetu. The last election of the Chairman and members of the Town Area Committee. Newari, district Meerut, was held on 29th of November. 1964.

(2.) The dispute in the present case relates to Ward No. 5 which is a double member constituency in which one seat is reserved for the scheduled caste and the other is a general seat. There were four contestants in this Ward, i.e. the appellant Hira and respondent No. 1 Chetu, both of scheduled caste and Davanand and Maujuddin for the general seat.

(3.) Admittedly in all 585 votes were polled. Of these at the time of counting 35 were declared invalid and the result was declared on the basis of the remaining 550 valid votes on 30th November 1964. Annexure 'G' is form No. 15 prepared by the Returning Officer on the 30th of November 1964. In this document the votes received by the various candidates have been stated as follows: