KESHRI PRASAD Vs. BODHRAJ

JUDGEMENT

(1.) Under the Jhalawar Municipal Election Rules dated 29-3-1943, an election was held at Bhawani Mandi on 3-9-1948, of the members of the Municipal Committee of Bhawani Mandi and Bodhraj and Tribhawan Dayal were declared elected by the Returning Officer the same day. Keshari Prasad, Asabhai and Keshrimal who were unsuccessful at the election filed their objections under Rule 15, Jhalawar Municipal Election Rules in the Court of the First Class Magistrate, Bhawanimandi on 10-9-1948. The First Class Magistrate, Bhawanimandi, held certain enquiries into the matter. In the meantime on 162-1949, the United State of Rajasthan passed an Ordinance repealing the Jhalawar State Municipal Election Rules of 29-3-1943, and applying the U. P. Municipal Act of 1916 as amended up to U. P. Act I [1] of 1945 with certain modifications to the territories of the Rajasthan State.

(2.) Under the Jhalawar State Municipal Rules, petitions relating to objections against elections were to be heard and decided by the First Class Magistrate having jurisdiction at the place. But under the new Ordinance such petitions were cognisable by the District Judge having jurisdiction in the place. The Magistrate First Class, Bhawanimandi, before whom the aforesaid application of Keshri Prasad and others was pending, transferred the case to the District Judge, Jhalawar, on 19 7-1949. The District Judge having heard the parties made an order on 10-10-1949 directing the petitioners to put their pleadings in proper form before 26-10-1949. This period was further extended by three days and on 29.10.1949, when the petitioners failed to comply with the directions given by the District Judge, he dismissed the petition. The petitioners have filed this revision petition under Section 115, Civil P. C., against the order of the District Judge, dated 10-10-1949, by which the petitioners were directed to put their pleadings in proper form.

(3.) A preliminary objection was raised by the counsel on the opposite side that no revision under Section 115 lay against an order of the District Judge acting under the provisions of the Municipal Act as a persona designata.