TEJILAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the decision of Kotwal,. J. , in Miscellaneous Petition no. 437 of 1956.

(2.) THE appellant was a candidate for election to the office of the president of the municipal Committee, Sakti. He was proposed by Kamswarup and seconded by scwaram, who were voters bearing Nos. 36 and 66 of the electoral roll of Ward no. 4. An objection was raised by one Mageram to the nomination of the appellant as a candidate on the ground that he had taken a plot on contract from the municipal Committee. The objection was disallowed by the Supervising Officer. The appellant was thereafter elected as President, and the result of the election was published in the Madhya Pradesh Gazette of 29th September 1956.

(3.) RESPONDENT No. 4 is a voter bearing No. 146 OH the electoral roll of Ward No. 7 of the Municipal Committee. He filed a petition under Article 226 of the constitution for a writ of quo warranto directing the appellant to justify his election as President of the Municipal Committee. The petition was heard and allowed by kotwal, J. Hence this appeal.