SADASHEO JAGANNATH BARAPATRE Vs. HEMAJI HIRAMAN BAKDE

JUDGEMENT

(1.) THIS is an application for revision under Section 20-A (5) of the Central Provinces and Berar Municipalities Act and it raises a somewhat interesting and important question as to the construction, and effect of Section 74 (2) of the Representation of the People (Second Amendment) Act (Central Act 27 of 1956 ).

(2.) THE question arises in the following circumstances. The applicant Sadasheo Jagannath Barapatre had at one time stood for election to the former Madhya Pradesh Legislative Assembly and had been disqualified under the then existing provisions of Section 143 read with Section 7, Clause (c), of the Representation of the People Act, 1950 (Act 43 of 1951 ). The notification (No. 69-4-53), dated 1-9-1953 issued in this behalf by the Election Commission of India was published in the then Madhya Pradesh Gazette of 10-9-1953. The disqualification mentioned in the notification under the said sections read with Rule 114, Sub-rule (5) of the Representation of the People Rules, 1951 was from voting at any election for a period of five years horn the date by which the return was required to he lodged. The date of the filing of the return as stated in the notification, was 24-3-1952, and therefore the applicant Sadasheo was upon the notification disqualified from voting till 24-3-1957.

(3.) AFTER the incurring of this disqualification by the applicant, there were held municipal elections for filling up the membership of the Municipal Committee of Khapa in Saoner tahsil. The relevant dates of the election programme in connection with this election were as follows: the last date for nomination -- 28- 9-55 the date for scrutiny of the nominations-- 6-10-55 the last date for withdrawal-- 10-10-55