SK. AHMAD SK. ABDULLA Vs. GIRIDHAR BHAGWANSA JIRAPURE

JUDGEMENT

(1.) THIS is an application in revision under Section 20 -A(5) of the C.P. and Berar Municipalities Act, 1.922, The facts which need a mention are the following:

(2.) ON June 16, 1962, election for a seat in Ward No. 9 of the Achalpur Municipal Committee was held at which the present petitioner obtained 190 votes, opponent No. 1 obtained 153 votes and opponent No. 2 obtained 59 votes. The petitioner having obtained the largest number of votes was declared elected. Against this declaration of the result, the present opponent No. 1 Girdharsa filed an election petition No. 10 of 1963 before the District Judge, Amravati.

(3.) MR . Mandlekar, who appeal's for the petitioner, contends that, in the first instance, the entire order should be set aside for the reason that the District Judge had no authority to act as a Judge under the provisions of Section 20 -A of the C.P. and Berar Municipalities Act. Mr. Mandlekar's contention was that the plain meaning of the authorisation under Section 20 -A (2) of the C.P. and Berar Municipalities Act was that a, person, who was specially empowered by the Provincial Government in this behalf had alone the authority to entertain and dispose of such election petitions. Mr. Mandlekar in this connection relied upon the provisions of Section 20 -A, Sub -section (2), which reads as follows: (2) Such petition shall be presented to the District Judge or Additional District Judge or to a Civil Judge especially empowered by the State Government in this behalf within the local limits of whose jurisdiction the election or selection was held and no petition shall be admitted unless it is presented within fourteen days from the date on which the result of such election or selection was notified. Mr. Mandlekar's contention in this respect was that in order to enable either the District Judge or the Additional District Judge, or a Civil Judge, it was necessary that he was to be empowered by the Provincial Government in this respect and that, unless this special empowerment was received by him from Provincial Government, neither the District Judge, nor the Additional District Judge, nor the Civil Judge had jurisdiction to entertain any election petition under Section 20 -A. In this connection Mr. Mandlekar referred to a decision of a Single Judge of this Court, Yeshwant v. Nandkishore [1961] N.L.J. 235 which favoured the view that was propounded by Mr. Mandlekar.