SUGAN CHAND Vs. GOVINDRAM BANSAL

JUDGEMENT

(1.) THIS is special appeal directed against the judgment of a learned single Judge of this Court, who exercising the appellate jurisdiction under Section 46 of the Rajasthan Municipalities Act, 1959 (hereinafter called 'the Act') affirmed the decision of the Tribunal which had set aside the election of the appellant as a member of the Municipal Council, Sri Ganganagar and dismissed the appeal.

(2.) A preliminary objection has been raised by Shri L.R. Mehta, learned Counsel for the respondent, that this appeal is not competent under Section 18 of the Rajasthan High Court Ordinance on the authority of a Divisional Bench of this Court in Mohd. Umar v. Ahmed 1965 RLW 458. He invited our attention to Rawat Himmat Singh v. State of Rajasthan 1967 RLW 214; South Asia Industries (P) Ltd. v. S.B. Sarup Singh and Ors. AIR 1955 SC 1442, Rao Shiv Bahadur Singh and Anr. v. The State of Vindhya Pradesh AIR 1953 SC 349; The Union of India v. The Mohindra Supply Co. AIR 1962 SC 266 and to the decision of Balram v. Anguri Devi decided on 17 -3 -1965 by the Supreme Court.

(3.) AS we propose to upheld the preliminary objection raised by Mr. Mehta and add to the reasons contained in Mohd. Umar's case 1965 RLW 458, it is nor necessary to mention other facts or grounds arising in this appeal.