GYANCHAND NANAKCHAND JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution has been filed by the Petitioner Gyanchand Jain for a writ of mandamus restraining the Respondents Nos. 1 to 3 from notifying the election of Shri Wasudeo Yeshwant Rajimwale (Respondent No. 4) to the office of the President, Municipal Committee, Rajnandgaon, and directing that fresh elections be held for that office.

(2.) THE Respondents in their returns stated that the necessary notification about the election of Respondent No. 4 to the office of the President had been published on the 23rd May 1958. They stated that the process of election was complete when the counting of votes was finished and the Respondent No. 4 was declared elected on 30 -4 -1958. Section 7 of the amending Act does not, therefore, affect his election.

(3.) IT has been held in Shankar v. Returning Officer, Kolaba AIR 1952 Bom. 227 that 'election' is not merely the ultimate decision or the ultimate result but includes every stage from the time the notification is issued till the result is declared. It is thus clear that the process of election extends upto the declaration of the result. To find out whether the declaration of the result concludes the election, I may refer to the rules framed under the Municipalities Act providing for the election of the President. Rules (20) and (23), which are relevant, appear on page 157 of the Madhya Pradesh Municipal Manual (Reprint 1953). According to Rule (20), "the candidate at the head of the poll shall be declared elected. This power is given to the Supervising Officer. It is thus clear that the Supervising Officer is authorized to declare the result, and there is no substance in Shri Pandey's contention that he has no power to do so. Rule (23) is as follows: