GOMAN RAM Vs. HARDYAL SINGH

JUDGEMENT

(1.) The question for determination in this petition concerns the construction of Rule 7-A of the Municipal Election Rules, 1952, and has to be decided res integra, there being no authority on the point which has been raised.

(2.) The facts which are not disputed may be briefly set out. The petitioner Goman Ram was a candidate for election to the Municipal Committee of Abohar and the election took place on the 24th of September, 1963. The petitioner was a candidate from Ward No. 3 and was declared successful having obtained 788 votes, his seven opponents secured between themselves only 438 votes. An election petition was filed by five electors (respondents 5 to 9, in which various allegations were made about corrupt practices and irregularities committed in the course of the election. This petition was accepted with the recommendation that the election of the petitioner be set aside and fresh election of ward No. 3 held. The determining factor in the decision of the election Commissioner was that the nomination papers of one Basheshar Nath were improperly rejected. Basheshar Nath was a candidate for election from ward No. 3 and he was already a member of Block Samiti. His nomination papers were rejected under the provisions of Rule 7-A of the Municipal Election Rules, which is to this effect -