RUSTOM SHERIAR TIRANDAZ Vs. MANOHAR GAJANAN JOSHI

JUDGEMENT

(1.) THIS is an Election Petition filed under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the "Act") calling in question the election of respondents Nos. 1 and 2 as members of Maharashtra Legislative Council from "1 -Bombay Local Authorities Constituency", at the election held on July 4,1985. The petitioner/seeks a declaration that the election of respondents Nos. 1 and 2 be declared void, on the ground that the nomination paper of the petitioner was improperly rejected by the Returning Officer -respondent No. 3, a ground available under Section 100 (l)(c) of the Act.

(2.) ARTICLE 171 of the Constitution of India provides for composition of the Legislative Councils and Article 171(3)(a) prescribes that of the total number of members of the Legislative Council of a State, as nearly as may be, one -third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament by law specify. Article 171(4) provides that the members to be elected shall be chosen in such territorial Constituencies as may be prescribed by or under any law made by Parliament, and the election shall be held in accordance with the system of proportional representation by means of the single transferable vote. A person, who is a citizen of India and not less than thirty years of age is qualified to fill a seat in the Legislative Council, under Article 173.

(3.) AT the election held on July 4,1985 the respondents Nos. 1 and 2 were declared duly elected and thereafter the present petition was lodged on August 14, 1985 complaining that mistake in the description of constituency was a technical error and respondent No. 3 overlooked that it was not a defect of a substantial character.