BANEYSINGH Vs. GANGASAHAI

JUDGEMENT

(1.) THIS is an appeal by Baneysingh, a successful candidate, at the election of the Municipality, Bharatpur, from Ward No. 2, against the judgment of the District Judge, Bharatpur, of the 19th of August, 1953, declaring his election to be invalid.

(2.) AN election petition was filed by Gangasahai in the court of the District Judge, Bharatpur, challenging the validity of the election of Baney Singh who was declared elected from Ward No. 2 of the City of Bharatpur. The petition was based on a number of grounds, one of which was that Baney Singh was below 21 years of age at the time the electoral rolls were prepared and he was therefore hot qualified to vote at or to stand for the election. Baneysingh's plea on this point was that he was above 21 years of age at the time of the preparation of the electoral rolls.

(3.) IT would be noticed that after holding an inquiry on an election petition the Judge having jurisdiction over the District has been authorised to pass an order - (1) Confirming the election, (2) Amending the declared result of the election, or (3) Setting the election aside.