LAWS(MPH)-1969-8-9

KISHANCHAND Vs. SUPERVISING OFFICER

Decided On August 11, 1969
KISHANCHAND Appellant
V/S
SUPERVISING OFFICER Respondents

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE Tahsildar, Kurwai, (respondent No. 1), was appointed Supervising Officer for the conduct of elections to the Kurwai Municipality. THE last date for filing nomination papers was the 1st July 1969; the date of scrutiny was the 7th July and the date for polling was fixed as 7th August 1969.

(3.) THE petitioners' contention is that the rejection of their nomination papers is in utter violation of the law and that the Supervising Officer was in league with respondents Nos. 4 to 10. It is contended that now a meeting of the councillors so elected will be called for the purpose of selecting councillors as required by section 19 of the M. P. Municipalities Act, 1961 (hereinafter called the Act). THE elected councillors and the selected councillors will then elect the President and Vice-Presidents under section 43 of the Act. THE petitioners would be deprived of their valuable right to participate in the selection of candidates under section 19 (b) and the right to contest the Presidentship and Vice-Presidentship under section 43 of the Act.