RADHAKRISHNA Vs. R.R. DUBEY

JUDGEMENT

(1.) A petition under Section 20 -A of the Central Provinces and Berar Municipalities Act, 1922 (Act No. II of 1922) hereinafter referred to as the Municipalities Act was filed by non -applicant No. 2 Dhanraj before the Additional District Judge. Betul, challenging the selection of applicants Radhakishan and Birdichand (applicants 1 and 2) and Bapurao (non -applicant No 3) under Section 10 (3) (b) and the selection of Sudkya (applicant No. 3) under Section 10 (4) of the Municipalities Act. The petition was allowed by the Tribunal and the impugned selections nave been set aside. Three of the selected members have, therefore, filed this petition for revision under Section 20 -A (5) of the Municipalities Act.

(2.) THE facts arising in the case are not disputed. A meeting was called on 6 -7 -1959 for selection of members under Section 10 (3) (b) of the Municipalities Act. Shri R. R. Dube, Collector (non -applicant No. 1) was appointed as the Chairman for the meeting to conduct the selection. Non -applicant No. 2 Dhanraj was a candidate for selection. He filed a nomination paper duly Proposed and Seconded, but was not present at the time of the meeting at the end of the nomination paper, he had subscribed that he agreed to the nomination. The Chairman of the meeting (non -applicant No. 1) recorded the following order on his nomination paper: -

(3.) IN his arguments before me Shri Y. S. Dharmadhikari for the applicants concedes that the declaration which was made by Dhanraj (non -applicant No. 2) was signed by him and that his presence before the Chairman was not necessary. He also concedes that if it is held that the nomination paper was improperly rejected, the rejection materially affected the result of the selection and was sufficient ground for setting aside the selection.