SAIKH MAHBOOB SAIKH OMER Vs. PATNA GANGADHAR MAHALAPPA

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution challenging the order dated 8th of November, 1985 passed by the learned Additional District Judge of Nanded in Election Petition No. 11 of 1985. The facts leading to the election petition must, therefore, be necessarily stated before appreciating the point that has been raised on behalf of the petitioner in this petition.

(2.) Elections to the Municipality of Biloli in Nanded district were held and certain number of Municipal Councillors, amongst whom respondent No. 1 is one, took their seats. The Maharashtra Municipalities Act, 1965, which governs the Constitution of the Municipal Councils, provides in section 9 that every Council shall consists of Councillors elected at ward elections; and shall also include Councillors co-opted by the elected Councillors in the prescribed manner from amongst persons who are entitled to vote at the municipal election. In other words, after the Councillors are elected, they are authorised to elect some persons as co-opted members and after such co-option such members become Councillors. As far as this Municipal Council is concerned, it has been mentioned, two persons are to be elected as the co-opted Councillors. Election of the co-opted members has to take place as stated in section 9 of the Act in the prescribed manner, i.e. in the manner prescribed by the rules.

(3.) Such rules have been made and they are called, the Maharashtra Municipal Council (Co-option of Councillors) Rules, 1967. Rules 3 to 5 are relevant for the purposes of the disposal of this petition and the provisions of the same may be briefly noted straightway at this stage. Rule 3 provides that not later than twelve noon on the working day immediately preceding the day fixed for the meeting of the Council at which co-option of Councillors is to be made, "any elected Councillor may nominate any person as a candidate, who is eligible for being co-opted, by delivering to the Chief Officer a nomination paper, in the Form appointed to these rules, duly filled in and signed by himself as proposer." Sub-rule (2) of Rule 3 requires the Chief Officer to still in the endorsement in the Form as soon as he receives the nomination paper. The Form under Rule 3 requires several details to be filled in by the proposer himself. Such details include the name, address, age and sex of the candidate. Since the candidate to be elected as co-opted member has to be necessarily a person who had the qualification to vote at the election, his electoral roll number has also to be mentioned in the Form prescribed under Rule 3. The customary declaration that has to be made by the candidate also forms part of the Form. The Form also requires the following endorsement to be made by the Chief Officer to whom the delivery of the nomination paper is to be made under Rule 3.