SHIVKARAN Vs. SUPERVISING OFFICER, TAHSILDAR JAORA

JUDGEMENT

(1.) THIS order will also govern the disposal of Misc. Petitions Nos. 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 all of 1964.

(2.) THE petitioners in these 14 applications under articles 226 and 227 of the Constitution seek writs of certiorari for quashing orders of the Supervising Officer of Jaora rejecting their nomination papers for election to the Jaora Municipality from different wards of the municipality. The orders of the Supervising Officer rejecting the nomination papers were upheld in appeal by the Sub -Divisional Officer, Jaora. The petitioners pray for the issue of writs of certiorari for quashing also the decisions in appeal of the Sub -Divisional Officer. They further pray that the Supervising Officer be directed to accept their nomination papers and declare them as having been duly elected from the wards concerned unopposed.

(3.) BEFORE dealing with the contention advanced on behalf of the petitioners and the respondents, it is necessary to refer to the relevant provisions of Act and the Rules. Under section 29 of the Act, the State Government is required to divide the Municipality into wards and to define the limits of each such ward, subject to the Madhya Pradesh Municipalities (Wards) Rules, 1963, framed under the Act. Those rules lay down the mode of dividing a Municipality into wards and the procedure for the same. Rule 4 of the aforesaid Wards Rules of 1963, which is very material here, is as follows: -