BRIJ KISHORE SHARMA Vs. SHRI RAM NIWAS

JUDGEMENT

(1.) THE last general elections to the Municipal Board, Kekri took place on 25-10-1970 and the result was declared on 26-10 1970. Respondents Ram Niwas and Jagdish Chandra, appellant Brij Kishore and one Padam Chand, who later on withdrew from the election, filed their nomination papers in respect of Ward No. 2. Scrutiny of the nomination papers took place on 30-9-1970 and on an objection being taken by the appellant Shri Brij Kishore in respect of respondent Ramniwas, his nomination paper was rejected under sec. 26 of the Rajasthan Municipalities Act (hereinafter referred to as 'the Act' ). THE result was that only two candidates viz. , Brij Kishore Sharma and Jagdish Chandra remained in the field and as a result of the polls Brij Kishore Sharma was declared elected.

(2.) AGGRIEVED by the alleged improper rejection of the nomination paper of Shri Ramniwas, two election petitions were filed one by Shri Ramniwas himself, who is respondent in both the appeals No. 105 of 1971 and 106 of 1971 and the other by one Shri Bajranglal, who is respondent No. 1 in S. B. Civil Miscellaneous Appeal No. 106 of 1971 Both these election petitions were accepted by the Tribunal (Munsif Magistrate), Kekri and the election of Shri Brij Kishore Sharma was declared null and void. Shri Brij Kishore Sharma has, therefore, filed these two appeals against that decision of the lower Tribunal.