RAMKUMAR SHARMA Vs. PHOOLCHAND

JUDGEMENT

(1.) THIS is a revision under sub -section (5) of section 20 -A of the Central Provinces Municipalities Act, 1922 (11 of 1922) against an order dated 12th October 1957 by which the. District Judge, Chhindwara, on an election petition under sub -section (2) of section 20 -A ibid, declared void the election of the petitioner Ramkumar Sharma as a member returned from ward No, I of the Chhindwara Municipal Committee and further declared the respondent No. 1 Phoolchand as duly elected from that Ward.

(2.) THE facts of the case in brief are these. In March -April 1957, general elections were held for replacing the pre -existing committee after the expiry of its time. Nominations were made for the various Wards of the municipality and the position obtaining in Ward No. 1 was as follows: -

(3.) SO far as ward No. 1 was concerned Khillooram withdrew his nomination paper two days before the date of scrutiny. The nomination of Janki Prasad was rejected on the date of scrutiny. The other 3 nomination papers for Ward No. 1 referred to in paragraph 2 were accepted as valid. Thereafter, on 18 3 -1957, Kalyandas withdrew from contest, leaving in the field only Ramkumar Sharma and Phoolchand. After the poll was taken on 5 -4 -1957, Ramkumar Sharma, who Secured a large number of votes, was notified as elected from the Ward.