MANOHAR SHAMRAO SINGANAPURE Vs. BALKRISHNA DATTATRYA DESHPANDE

JUDGEMENT

(1.) This special civil application is referred to this Full bench as it raises a question of some importance as to competency of the Clerk of Court of the District court, and its other officer to receive election petitions, in the absence of the District judge on leave, to whom the aggrieved person has to apply for challenging the validity of election of any Councilor under Section 27 of the Maharashtra Zilla Parishads and Panchayat Samitis Act of 1961 (hereinafter referred to as the Act.).

(2.) Election to Zilla Parishad of Buldana took place on 27th May 1972. The respondent No. 1 was declared elected on 2-6-1972 from the electoral division No. 25. The petitioner and two others, the voters, challenged the validity of his election by application dated 16-6-1972, District judge, Buladana was on leave on that date and for some time thereafter. The petitioner therefore lodged three sets of separate applications , one with Clerk of Court of the District Judge, Buldana was on lever on that date and for sometime thereafter. The petitioner therefore lodged three sets of separate applications, one with the Clerk of Court of the District Court, Buldana , another with the civil Judge, Senior Division, Bulana, them in charge of the District Court in the absence of the District Judge under Section 35 of the Bombay Civil Courts Act of 1869 , hereinafter referred to as in the Civil Courts Act, and the third one with the only Assistant judge in the District posted at Khamgaon. on return from leave , the District judge transferred these two applications filed in his Court to the Assistant Judge for trial under Section 27 (2). All three applications were separately numbered and tried together. The same were however rejected on 23-3-1973 on the preliminary point that acceptance thereof by any officer other than District Judge was legally incompetent.

(3.) Now candidates at the election, or voters, intending to challenge such election have to apply to the District Judge" under Section 27 (1) of the Act within 15 days of the declaration of the election results and enquiry thereon is to held under Section 27 (2), by a Judge not below the rank of an Assistant Judge to be appointed by the Government specially or generally . The Assistant Judge, Khamgeon is so appointed to try such applications under Notification No. G.N.C. and R.D.D. No. 1 LVR -1062-Q dated 2-4- 1962.