(1.) IN this case the Petitioner seeks a writ of prohibition restraining the Second Additional District Judge, Raigarh, (opponent No. 1) from enquiring into and disposing of a petition filed by the second opponent Kishanlal under Section 20 -A of the C.P. and Berar Municipalities Act, 1922, challenging the election of the Petitioner as a member from a ward to the Municipal Committee, Kharsia.
(2.) SECTION 20 -A of the Act, so far as is material here, runs as follows:
(3.) IN regard to the Learned Counsel for the applicant's contention about the absence of a notification under Section 20 -A after the coming into force of the M.P. Courts (Amendment) Act, 1956, it is sufficient to say that in the view we have taken it is unnecessary to consider the effect of the absence of a notification in this case. It may be added that in Bhojraj's case (1) it has been pointed out that the empowering of certain Civil Judges, First Class, under Section 20 -A before the enactment of the Amendment Act of 1956 is in no way affected by the absence of a fresh notification under Section 20 -A.