NURUL HASAN ALIAS NUR MIAN Vs. RETURNING OFFICER, ALLAHABAD CORPORATION ELECTIONS, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice Tandon dated the 13th Nov. 1959.

(2.) The facts which are relevant for the purposes of this appeal can be stated very shortly. The appellant and six others persons were candidates for the election to the Nagar Mahapalika of Allahabad from Katra Ward No. 5. The poll in this ward was directed to be taken on the 25th Oct. 1959 and it duly began on that date. Shortly after the poll commenced there was considerable disturbance and a number of polling booths were wrecked and ballot boxes were destroyed by an unruly crowd. Further polling on that day was abandoned, and by a notification dated the 30th Oct. 1959 the Returning Officer directed that "a fresh poll shall be held in all the booths of all the polling stations of ward No. 5 Katra" on the 8th Nov. 1959. On the 1st Nov., that is in the interval between the two polling dates, the appellant presented to the Returning Officer a notice of withdrawal of his candidature. The Returning Officer was however of the opinion that the appellant was not entitled to withdraw his candidature, and by an order dated the 5th Nov. 1959 he refused to accept the notice of withdrawal. The appellant then filed a petition in this Court under Art. 226 of the Constitution in which he challenged the validity of the Returning Officer's order and prayed that it be quashed by a writ of certiorari. That petition was dismissed by the learned Judge by the order which is subject of the present appeal.

(3.) Elections to a Nagar Mahapalika are governed by the Uttar Pradesh Nagar Mahapalika Act, 1959, and by Orders made by the State Government under Sec. 46 of that Act. We are concerned in this appeal with the provisions of an Order so made by the State Government called the Uttar Pradesh Nagar Mahapalika (Sabhasadon Ke Nirvachan Ka Sanchalan) Agya, 1959. The paragraphs which are relevant for the present purpose are paras. 14, 23, 29 and 55. Para. 14 empowers the State Government by a notification to appoint, inter alia, the last day for withdrawal of candidature (which shall be the third day after the date of scrutiny of nominations) and to appoint the date or dates on which a poll shall, if necessary, be taken. Para. 23 lays down the procedure to be followed by a candidate who desires to withdraw his candidature within the time prescribed by para. 14. Para. 29 then makes provision for a further withdrawal of candidature, and it provides that.