VAZIR ALI Vs. M SHANKARIAH

JUDGEMENT

(1.) This is a petition, under Article 226 of the Constitution, for the issue of a writ of Certiorari quashing the order of the District Judge, Nalgonda, by which he reversed, on appeal, an order of the Returning Officer of the Nalgonda City Municipality.

(2.) The material facts lie within a brief compass and are for the most part uncontroverted. For the purpose of holding elections to the Town Committee of the Nalgonda Town Municipality, the Government of Andhra Pradesh issued a notification calling upon all the constituencies to elect members in accordance with the provisions of the Hyderabad District Municipalities Act (XVIII of 1956) (hereinafter called, the Act). The petitioner, the 1st respondent and two others filed their nominations for one of the constituencies. At the time of the scrutiny of the nomination papers, objection was taken by the 1st Respondent to the nomination of the petitioner as a candidate on the ground that he was a pensioner of the State Government and hence was disqualified for being elected as a member of the Town Committee. (under Section 27(1)(c) of the Act). The objection was overruled by the Returning Officer and the nomination of the petitioner was accepted. Aggrieved by the decision of the Returning Officer, the 1st respondent preferred an appeal to the District Judge as provided under Section 21 of the Act. The District Judge allowed the appeal, with the result that the order of the Returning Officer accepting the nomination of the petitioner was set aside. The District Judge granted a declaration that the petitioner was disqualified to contest the election in view of the provisions contained in Section 27(1)(c) of the. Act. It is the validity of this order that is impugned in the present petition.

(3.) Now, the point that requires consideration is whether, at the material time, the petitioner, by reason of his being a pensioner of the State Government, was disqualified for being elected as a member of the Town Committee.