GIRDHARILAL Vs. MALURAM

JUDGEMENT

(1.) THIS is a revision application by Girdhari Lal defendant against an order of temporary injunction passed by the Munsiff, Bikaner, in a suit brought by Maluram respondent against him.

(2.) GIRDHARILAL, Ram Singh, Maluram and some other persons had filed their nomination papers for election to the office of Zila Pramukh of Bikaner Zila Parishad. The scrutiny of these nomination papers took place on 16th February, 1965 at 3. 15 p. m. All the nomination papers were accepted by the Returning Officer as no objection had been filed against any of them. 17th February, 1965 upto 3 p. m. was the time fixed for withdrawal of nomination papers. All the candidates except Girdhari Lal and Ram Singh withdrew their nomination papers before 3 p. m. on that date. After only two candidates had been left in the field Girdhari Lal filed an objection that Ram Singh was not eligible for election as Pramukh as he was the President of the Central Co-operative Bank, Bikaner. This objection was entertained by the Returning Officer who enquired into it and gave a decision on 20th February 1965 that Ram Singh was ineligible for election. He accordingly declared the remaining candidate Girdhari Lal as duly elected. On 22nd February 1965 the present suit was instituted in the court of Munsif, Bikaner, against Girdhari Lal by Maluram who was also one of the candidates who had withdrawn his candidature on 17. 2. 65 for a declaration that Girdhari Lal is not the duly elected Pramukh of Bikaner Zila Parishad and is not entitled to hold charge of the office and for an injunction to restrain him from taking charge of the office. Along with the plaint an application for grant of a temporary injunction was made. An ex parte ad interim injunction was granted against Girdhari Lal on the same day.

(3.) IN Firm Radha Kishan vs. Ludhiana Municipality (2) it was held that the liability to pay terminal tax was created by the Punjab Municipal Act, 1911 which gives a remedy to a party aggrieved by the enforcement of the liability and a civil suit.