MALLA REDDY Vs. MALLIAH

JUDGEMENT

(1.) In this Special Appeal we are called upon to interpret the provisions of sections 20, 21 and 24. of the Hyderabad District Municipalities Act (hereinafter referred to as the Act).

(2.) The appellant and the respondent contested the elections to the Municipality of Sangareddy from Constitutency No.1 (General seat) held on the 4th of December, 1962. The nominations of the candidates were scrutinised in the beginning of December, 1962, and the Returning Officer accepted the nomination paper of the appellant. The poll took place on 4th December, 1962. As the appellant secured 214 votes as against 116 by the respondent, he was declared duly elected to the Town Municipal Committee of Sangareddy. It is to invalidate this election that the jurisdiction of the District Judge, Medak, was invoked under section 24 of the Act.

(3.) The election petition was founded on the allegations inter alia that the appellant was disqualified by reason of his having a subsisting interest in a contract with the Town Municipal Committee. The Election Commissioner, while holding on all issues against the respondent, accepted his plea that the appellant was disqualified having had a subsisting-interest in a contract with the municipality. He overruled the objection of the appellant that the question of validity of the nomination could not be debated before the Election Tribunal having regard to the provisions of section 21 of the Act. In the result, he set aside the election of the appellant. It is this order of the Election Tribunal that is assailed before us. The same contention is raised by the appellant in this'appeal. As the answer to the question formulated in this appeal is to be found in the relevant provisions of the Act, we will extract them here.