SIRI RAM Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This petition and C. W. P. No. 26/1960 purport to be under Article 226 of the Constitution of India and as a common question of law arises in both of them I propose to dispose of them by this order.

(2.) The petitioners and respondent No. 1 to both the petitions (hereinafter to be styled as respondent No. 1) were candidates for election to the Municipal Committee, Nahan. They filed their nomination papers. An objection was raised at the instance of the petitioners that respondent No. 1 was not qualified to seek election, inasmuch as he was a whole time employee in the Nahan Foundry which was entirely owned by the Ministry of Commerce and Industry Government of India and was under the management control and supervision of the Central Government and respondent No. 1 drew his emoluments from and under the Government. Stated in other words the contention is that respondent No. 1 was disqualified from seeking election On account of his holding an office of profit under the Government of India. That contention did not find favour with the Returning Officer and applications in revision filed by the petitioners against the aforesaid order were rejected by the Revising Authority. The petitions under consideration are in the main directed against the last mentioned order. It has also been alleged on behalf of the petitioners, that the electoral rolls were not prepared in accordance with law, but this aspect of the matter was not pressed in the course of argument. The other respondents to the petitions are Himachal Pradesh Administration through the Secretary Local Self Government and the Deputy Commissioner, Sirmur District, Nahan.

(3.) The prayers are that the petitioners were qualified candidates and were entitled to be duly returned from the respective wards from which they had sought election and that respondent No. 2 be directed to issue a notification in the Gazette that they were the duly returned candidates to the Municipal Committee of Nahan, and that respondent No. 3 be directed to administer them the oath of office as members of the aforesaid Municipal Committee.