P D SHAMDASANI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 45 of the Specific Relief Act by which in substance the petitioner asks that the Municipal Commissioner may be directed to hear and decide certain objections which the petitioner takes to a recent election in B Ward in the city.

(2.) BEFORE coming to the facts, it is desirable to look at the material provisions of the City of Bombay Municipal Act, 1888, under which the election was held. Section 26 provides that candidates for election at a ward election must be: duly nominated in writing in accordance with the provisions of the section ; and under Sub-section (2) (e) (Hi) if any person nominated is disqualified for being a councillor for any of the reasons set forth in Section 16, the Commissioner shall declare such person's nomination invalid. Under Section 16, a person is disqualified if he fails to pay any arrears of any kind due by him to the Corporation within three months after a special notice in that behalf has been served upon him. Then it is provided in Section 26 that if there are more candidates than there are vacancies, the election is a contested election ; and Section 27 (J) provides that when a ward election is contested, a poll shall be taken seven days after the day fixed for the election, and Sub-section (2) provides that at least three days before the day of the. poll, the Commissioner shall cause the names of all the persons validly nominated, with their respective abodes and descriptions, to be published in the Bombay Government Gazette and in the local newspapers. Then Section 28 contains various provisions relating to contest (c)J ward elections, and the material one is Sub-section (k) which provides that the Commissioner shall, as soon as may be, declare the result of the poll, specifying the total number of valid votes given for each candidate, and he shall, as Soon as may be, hear and decide all objections, if any, to or regarding the poll, made to him in writing not later than 5 o'clock of the afternoon of the day after the poll and shall cause lists to be prepared for each ward, specifying the names of all candidates, and the number of valid and the number of rejected! votes given to each candidate. Then Section 29 enables the Corporation, with the sanction of the local Government, to make rules for the conduct of elections. And then Section 33 directs that an election petition, in which the validity of any election is in question, shall be heard by the Chief Judge of the Small Causes Court, and any such petition has to be presented within fifteen days from the date on which the list prescribed under Sub-section ' () of Section 28 was available.

(3.) > f a contested election, and any question relating to the poll. In my opinion. therefore, the Municipal Commissioner,-now that we know the real reasons for objection No.1,-is entitled to say that it is not a matter which arises under Section 28 (k ).