DAUDAYAL ONKARLAL Vs. GULABCHAND SHANKERLAL

JUDGEMENT

(1.) SHORT question which arises for consideration in this petition under Article 226 of the Constitution is whether 'the Life Insurance Corporation' can be called a 'local authority" For the purpose of Section 14 (1) (f) of the Madhya Bharat municipalities Act No. 1 of 1954.

(2.) THE question arose for consideration under the following circumstances.

(3.) ON 26-4-1959 election to the Khachrod Municipality took place under the provision of the Madhya Bharat Municipalities Act and the Rules made thereunder. Four Candidates had been nominated for the purpose of this election including the petitioner and the opponents. On 1-4-59 the nomination papers in respect of each of the aforesaid four candidates were scrutinized. At that time opponent gulabchand objected to the nomination of the petitioner on the ground that he was disqualified by reason of his being in the service of the Life Insurance corporation, which according to him, was a local authority within the meaning of the term as used in Section 14 (1) (f) of the Madhya Bharat Municipalities Act No. 1 of 1954 hereinafter called 'the Act'. The polling officer rejected this contention of the opponent No. 1. There was an appeal to the Returning Officer. This was dismissed. Later two of the candidates namely opponents Mannalal and Shantilal withdrew and the petitioner was elected. This was followed by an election petition filed by Gulabchand under Section 10 of the Act read with Rule 131. In this petition all the four candidates were impleaded. The petition was heard by the learned District Judge Ujjain who by his order dated 3-3-1960 upheld gulabchand's contention and allowed his election petition by holding the Petitioner to be disqualified under Section 14 (1) (f) of the Act.