TRIKAMJI DAMJI Vs. BHIKALAL WADILAL SHAH

JUDGEMENT

(1.) THIS is an application for revision under Section 20 -A(3) of the C.P. and Berar Municipalities Act, 1922. It relates to a municipal election dispute. General elections were recently held in several municipalities in the Vidarbha area. In this revision, I am concerned with the election of members from ward No. 7 of the Karanja Municipal Committee. The applicant Trikamji, son of Damaji, who moved the election petition, was one of the candidates for election from the said ward. Opponents Nos. 1 to 4 had also filed their nomination papers, but opponents Nos. 3 and 4, Kisan Kondba Jadhao and Nivritti Pandu Shende, respectively, withdrew their candidature within the time fixed. The nomination of opponent No. 2 Ramchandra Ganu Jadhao was rejected by the Supervising Officer and that rejection has not been disputed. Therefore, at the election there were only two contestants, namely, the applicant Trikamji and opponent No. 1 Bhikalal 'Wadilal Shah. Bhikalal has been declared elected and Trikamji was defeated. The voting was 349 votes for Bhikalal and 46 votes for Trikamji.

(2.) THE programme announced by the authorities for holding the election was as follows:

(3.) THE objection raised by Trikamji to the nomination of Bhikalal was that he was not eligible for election by virtue of the provisions of Section 15(1) of the Act. It was alleged that he had directly or indirectly an interest in a contract with the Karanja Municipal Committee. Bhikalal had advanced to the Committee two sums of money as follows: