GHANSHYAMDAS Vs. SAGARMAL

JUDGEMENT

(1.) THIS is an appeal by Ghanshyamdas and others against the order of the District Judge of Ganganagar in an election matter.

(2.) THE case relates to the election of members to the Municipal Board of Sadulgarh in the former State of Bikaner. THE election was held sometime before the 1st of Nov. , 1951, and the results were declared on the 1st November, 1951. THE present application was filed by Sagarmal for setting aside the election on the 15th of January, 1952. It was resisted by the present appellants, and one of the grounds taken by the appellants was that the application was barred by limitation. THE appellants claimed that the Rajasthan Town Municipalities Act (No XXIII) of 1951 (hereinafter referred to as the Act) applied and, under sec. 19, sub-sec. (1) of that Act the election petition should have been filed within 10 days after the date of the declaration of the result. As this was not done, they contended that the petition was beyond time.