JHALKAN SINGH Vs. JASRAJMAL

JUDGEMENT

(1.) THIS petition for revision has been filed under Section 20 -A (5) of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter referred to as the Act) against the dismissal of an election petition filed by the petitioner Jhalkansingh challenging the election of respondent No. 1 Seth Jasrajmal on the ground that the nomination paper of respondent No. 2 Seth Komalchand was wrongly rejected.

(2.) THE petitioner is a voter in the Gayadutt Ward of the Municipal Committee, Narsimhapur. Four nomination papers were filed for contesting the election to a seat in that Ward on 12 -9 -1958. The nomination paper of respondent No. 1 Seth Jasrajmal was accepted, that of respondent No. 2 Seth Komalchand was rejected and the remaining two candidates (respondents 3 and 4) withdrew. Seth Jasrajmal (respondent No. 1) was, therefore, declared elected.

(3.) IT may be mentioned here that Seth Komalchand himself was not aggrieved by the rejection of his nomination paper. He had filed an application before the Tribunal accepting the position that the rejection of the nomination paper was proper and that the declaration of Seth Jasrajmal as duly elected was correct.