FAMADHAR PANDEY Vs. STATE

JUDGEMENT

(1.) THIS petition is directed against the election of some of the respondents to the Maihar Municipality held on 27th July 1958. The contention of the petitioners is that the elections were bad because separate electoral rolls for the Maihar Municipality and/or the wards thereof were not prepared. It is also contended that scrutiny was not made of the nominations of the candidates with regard to then being qualified under the Act. These are the only two points which have been brought to our notice, and it is therefore not necessary to recount other facts.

(2.) FORMERLY , there existed in the Rewa State the Rewa State Municipalities Act, 1945 which was adopted for the purposes of Maihar. Subsequently on the 21st June 1956 the principal Act was amended by the Rewa State Municipalities (Vindhya Pradesh Amendment) Act, 1955 (No. 8 of 1956). It is the provisions of the principal Act read in the light of the amendments made which have led to this petition.

(3.) UNDER section 21 of the principal Act the qualifications of electors were stated. It is not necessary to quote those qualifications, because the section was completely replaced by another section by the amending Act, The amended section reads as follows: - 21. Qualification of electors. -(1) For the purpose of holding an election to a Municipality there shall be an electoral roll for each Municipality, a separate roll being prepared for each ward.