SHAIKH MAHBOOB Vs. BARKATULLA

JUDGEMENT

(1.) THIS revision under section 26 (2) of the M. P. Municipalities act, 1961 (hereinafter called "the Act"), is directed against an order dated october 27, 1969, by which the District Judge, East-Nimar Khandwa, allowed an election petition under section 20 of the Act and set ;aside the election of the applicant who had been returned from Ward No. 9 of Burnanpur Municipality.

(2.) THE material facts are these. In the Municipal elections held in the year 1968-69 there were only two candidates who contested the election from ward No. 9 of Burhanpur Municipality, one of them was the applicant and the other the non-applicant. The last date for filing nomination papers was november 11, 1968 and the date fixed for scrutiny was November 19, 1968. The Supervising, Officer rejected the nomination paper of the non-applicant on the ground that he had incurred a disqualification under section 35 (j) of the act. An appeal filed by the non-applicant against the rejection of his nomination paper was also dismissed. Thereupon, since the applicant was the only surviving candidate, he was declared duly returned from Ward No. 9. It was that election which the non-applicant successfully challenged in the lower court.

(3.) BEFORE dealing with the precise point in controversy in this Court it is necessary to set out the facts leading to the disqualification under section 35 (j)of the Act. A bill dated August 23, 1967, for taxes payable by the non-applicant had been served on him. It was followed by a notice of demand dated october 28, 1967, and it was also served upon him. The amount mentioned in this notice of demand was Rs. 43. 53 as taxes and 50 paise as notice fee, total rs 44/. A sum of Rs. 46. 50 was paid by the non-applicant on November 11,1968. This amount included Rs. 43. 50 on account of taxes as aforesaid and Rs. 3 /- more on account of notice fee and other arrears of taxes for the years 1966-67 and 1967-68 but did not include the interest. Further, a sum of rs. 2. 62 on account of interest was paid by the non-applicant on November 13, 1968 The question is whether the failure of the non-applicant to pay interest on or before the date by which he had filed his nomination paper, namely, november 11, 1968, disqualified him to be eligible for election.