RAJ KRISHAN Vs. CHIEF COMMISSIONER DELHI

JUDGEMENT

(1.) 'Shri' Raj Krishan applies under Article 226 of the Constitution of India for the issuance of a writ of 'mandamus' directing the Chief Commissioner, Delhi, to withdraw Notification No. F. 2 (75) /51 L.S.G., dated the 13th of August 1951, removing the petitioner from the membership of the Delhi Municipal Committee and disqualifying him for election for three years.

(2.) Briefly summarised the facts giving rise to these proceedings are these. On the 22nd of November 1949 'Shri' Raj Krishan instituted Civil Suit No. 1058 of 1949 for injunction that pursuant to notice under Sections 172, 195 and 220 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act, the Municipal Committee, Delhi, should not demolish the buildings or structures belonging to him. That suit failed and was dismissed with costs on the 11th of April 1951.

(3.) From the decree passed by the Court of first instance on the 11th of April 1951, 'Shri' Raj Krishan appealed in the Court of the Senior Subordinate Judge, Delhi. In dismissing the appeal the Senior Subordinate Judge said: