PARMESHWAR MAHASETH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution and involves, inter alia, the question of validity or otherwise of the elections of the Commissioners of the Darbhanga Municipality held on the 6th and 7th September. 1956. Petitioners 1 to 5 are some of the electors residing within the said municipality and petitioners 6 to 10 are the candidates who were defeated at the said election.

(2.) The State of Bihar is Opposite Party 1. Opposite party 2 is the District Magistrate of Darbhanga and Opposite party 3 is Sri S. A. Haider, the Returning Officer. Opposite party 4 to 35 are the persons who were elected as Commissioners at the said ejection and Opposite party 36 is the Chairman of the Darbhanga Municipality. This application was presented on behalf of the petitioners on 26th September, 1956 for an appropriate writ quashing the election and an order restraining Opposite party I to 3 from publishing the result of the said election, opposite party 4 to 35 from acting as Commissioners and Opposite party 36 from calling the first meeting of the elected Commissioners and fur a mandamus against Opposite party 2 to hold an election of the Darbhanga Municipality in accordance with law (3) On 9th May, 1956, the District Magistrate of Darbhanga (Opposite party 2) in exercise of the powers conferred upon him under Rule 7 (1) of the Bihar Municipal Elections and Election Petitions Rules, 1953 (hereinafter referred to as the Election Rules) called upon the electors of all the wards of the Darohanga Municipality to elect Commissioners latest by 7th September, 1956. On 21st May, 1956, he appointed Sri S. A. Hairier. (Magistrate 1st Class, Darbhanga (Opposite party 3) as the Returning Officer. On 39th May, 1956. a programme of the general election was approved by the District Magistrate and was notified. This programme was adhered to in holding the election, With the approval of the District Magistrate the Returning Officer, fixed 6th and 7th September, 1956, for holding the elections and poll. Some of the candidates were returned unopposed. The polls were taken on the appointed dates, that is, on 6th and 7th September, 1956, and the result of The election was announced oh 11th. 12th and 13th September, 1956, except for ward No. 13, 25 and 28, where the taking of the polls was postponed.

(3.) For the purposes of this election, the electoral roll of the Assembly constituency of the State of Bihar in respect of the areas comprised within the limits of the Darbhanga Municipality of 1955 was adopted. The petitioners contended that the elections were unlawful, because of the violation of the mandatory provisions of the Bihar and Orissa Municipal Act, 1922, and the Election Rules.