MOHD UMAR Vs. AHMED

JUDGEMENT

(1.) THIS is a stay application in Special Appeal No. 28 of 1965 under sec. 18 (1) of the Rajasthan High Court Ordinance, 1949.

(2.) THE facts giving rise to it are that the last election of the Nagaur Municipal Board took place on 30-12-63 and the result thereof was announced on 31-12-63. THE petitioner Mohd. Umar was declared elected from Ward No. 2. One Mohd. Sattar had also filed nomination from the said ward, but it was rejected. THE respondent! Ahmed in his capacity of a voter from the said ward presented an election petition before the Civil Judge,, Nagaur. THE Civil Judge dismissed the election petition. Aggrieved by the said order of the learned Civil Judge, the respondent preferred an appeal to this Court and it was heard and decided by a learned single Judge on 4th August, 1965. THE learned Judge allowed the appeal and held that the nomination paper of Mohd. Sattar was improperly rejected, was correct. At the same time, it was observed by him that in view of this finding the election petition ought to have been allowed, because the intention of the legislature was that the election should be declared void if it is proved that the nomination paper has been improperly rejected. He accordingly set aside the election of the petitioner. It lis against this order that the present special appeal is directed.