GYANIRAM Vs. DISTRICT JUDGE, RAIGARH

JUDGEMENT

(1.) THIS is a petition under articles 226 and 227 of the Constitution by one Gyaniram who questions the order of the District Judge, Raigarh, dated 2nd July 1958 in Civil Appeal No. 560 of 1958.

(2.) THE facts are as follows: Gyaniram was returned as an selected member from Ward No. 6 to the Municipal Committee, Kharsia, on 27th May 1958. The result of the election was declared the next day and the Collector notified it in the Madhya Pradesh Gazette on 13th June 1958 Subsequently, the Collector in exercise of the powers conferred on him issued a notice on 7th June 1958 calling a meeting of the elected members on 27th June 1958 for the purpose of selection of members under the Act. This notice became ineffective because of an order by the High Court, The Collector, Raigarh, then superseded the earlier notice and issued another calling the same meeting on 5th July 1958. Before this date, however, applications had been filed to question the election of the petitioner before the Additional District Judge, Raigarh. The District Judge, Raigarh, withdrew the cases upon his file in as much as the Additional District Judge was not available and on 2nd July 1958 passed the impugned order. By that order he provisionally stayed the selection of the members and the Collector, Raigarh, and the Secretary, Municipal Committee, Kharsia, were informed accordingly.

(3.) UNDER the scheme of the C.P. and Berar Municipalities Act, election disputes are resolved by election petitions filed before the District Judge or Additional District Judge or a Civil Judge especially empowered by the State Government in that behalf. Section 20 -A of the Act reads as follows 20 -A (1) No election or selection notified under section 20 shall be called into question except by a petition presented in accordance with the provisions of this section.