JAMUNA PRASAD VERMA Vs. SATYA PRAKASH CHAMAN RAM

JUDGEMENT

(1.) THE judgment in this revision shall also dispose of Civil Revision No. 159 of 1961.

(2.) THIS is a revision under Section 20-A (5) of the Central Provinces and Berar municipalities Act, 1922 (hereinafter called 'the Act') against the order of the First civil Judge, Class I, Bilaspur, dated 6-2-19s1, setting aside the election of the applicant to the office of President of the Municipal Committee, Bilaspur.

(3.) ON 8-8-1959, the Collector, under Rule 20 (1) of the rules framed under Section 18 (5) of the Act (hereinafter called 'the Polling Rules'), convened a meeting of the 24 elected and six selected members of the Municipal committee for the election of a president under the Chairmanship of the Deputy Collector, Shri K. K. Dwivedi. The applicant and the non-applicant Satya Prakash were duly nominated; and in the ensuing election which was held by ballot, the Chairman declared that there was a tie, the candidates having secured 15 votes each, and that he would proceed to decide the election as between them by lot. The method selected was to write the names of the candidates on two pieces of papers, mix them and put them in a cap and then to ask a young boy to pick out one of the two such papers with his eyes closed. The lots having been thus drawn, the tie was resolved in favour of the applicant who was declared duly elected and whose name was thereafter duly notified by the Collector under Section 20 of the Act in Madhya pradesh Gazette.