BASANTILAL BHERUJI PARMAR Vs. NIRWACHAN PADADHIKARI

JUDGEMENT

(1.) THIS is an application for the issue of a writ in the nature of certiorari. The circumstances in which the writ is sought for are as follows :-

(2.) THE petitioner Basantilal filed his nomination paper as a candidate for the election of Agar Municipality from Wards Nos. 4 and 8. During the scrutiny of the nomination papers, Narayan Das, non-applicant No. 2 took an objection that the petitioner had been previously disqualified under Section 14 (1) (g) of the Madhya bharat Municipalities Act. A similar objection' was taken by Bhuramal, non applicant No. 3 The objections against his nomination papers' were disallowed by the Returning Officer, Aggrieved by the order, non-applicants Nos. 2 and 3 filed an appeal under Section 34 of the Nir-wachan Padadhikari, namely, the Collector of shajapur. He allowed the appeal and, rejected the nomination papers of the petitioner on the ground that the petitioner had incurred disqualification under Section 14 (1) (g) of the Madhya Bharat Municipalities Act, and that under Rule 126 of the Nirvachan rules that disqualification was not removed by the Government. The present petition is filed against the order of the Collector.

(3.) THERE are two questions to be consider ed in this petition: First, what is the nature of a disqualification incurred by the petitioner under Section 14 (1) (g) of the M. B. Municipalities Act of 1954? Second, whether it was necessary for the petitioner to obtain a certificate under Rule 126 of the Niryachan Rules.