RAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by which the petitioner seeks a writ against the non-applicants to compel them to complete the election to the office of the President Municipal Committee, Katni, District Jabalpur.

(2.) THE Collector Jabalpur had published a programme of election to the municipality of Katni according to which the nomination papers had to be filed by 12-5-1958 and the polling was to take place on 13-6-1958. The petitioner filed his nomination paper for contesting the office of President on 5-5-1958. Section 18 of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter referred to as the Municipalities Act) provided for the election of the President directly by all the voters. It was, however, amended by the Madhya Pra-desh Municipalities (Amendment)Act, 1958 (Act No. 14 of 1958) which came into force on 5-5-1958. By this amendment the President is now to be elected by the members of the Committee. Section 7 of the Amending Act provided for annulment of the pending elections. Accordingly, the election of President for Katni Municipality was annulled.

(3.) THE petitioner contends that the Amending Act is ultra vires of the legislature and affects the fundamental right of the citizens to vote which according to him is property. The abolition of the right to vote, he contends amounts to deprivation of property and is hit by Article 31 and also by Article 19 of the Constitution. The legislation is also attacked on the ground that it is illegal as Legislative Council which should have been constituted after the State Reorganisation, has not yet been constituted. The third ground on which, the Act is challenged is that under sections 119 and 120 of the States Reorganisation Act, the Legislature has power to replace the Act as a whole and cannot amend it piecemeal. There are several other grounds stated in the petition on the question of vires of the Act but we have referred to the three grounds which alone were pressed for our consideration in arguments.