HORI RAM Vs. MUNICIPAL BOARD AND ORS.

JUDGEMENT

(1.) This is a writ application under Art. 226 of the Constitution of India by the petitioner Hariram, who was a voter in the election for the Municipal Board Sadri, which took place on 15-9-1974. Respondent Nos. 2 to 14 were elected as members of the Municipal Board from wards No. 1 to 13, respectively and respondents No. 17 and 18 are co-opted members The election and the co option of these respondents have been called into question by this writ petition on the ground that certain area marked as 'PQRSTUV' in the plan Exhibit-2 (attached to the petition), which fall within the delimited boundaries of the Municipal Board, Sadri as specified in the notification Exhibit 1 dated Jan. 21, 1959 (at page 20 of the paper Book) was wrongly excluded at the time of the constitution of the wards, with the result that the persons Residing in this area were deprived of their right of vote and further that certain areas known as Jatoan-Ka-Dorna, Parasramji Ki Bagehi, Bhilon Ka Jhoompa and Nayasar Abadi, which fall outside the limits of the Municipal Board bad been wrongly included while constituting the wards.

(2.) It is urged by the learned Counsel for the petitioner that on account of exclusion of the area marked 'PQRSTUV' election of the entire Municipality is vitiated. In support of his contention he has relied upon Shiam Sunder and Anr. Vs. The State of Punjab and Ors. AIR 1958 Punj. 128 , Quarabati and Ors. Vs. Government of Rajasthan and Ors. AIR 1960 Raj. 152 and Jaiwant Rao and Ors. Vs. The State of Rajasthan and Ors. ILR 10 (1960) Raj. 1703.

(3.) On the other hand, Mr. Mridul and Mr. Kalla learned Counsel for the respondents have argued that it is not at all established that any area lying within the delimited boundaries of the Municipality have been excluded, and/or any area lying outside the limits has been included, and at any rate the dispute being one of fact cannot be properly decided in writ jurisdiction It has also been argued that the petitioner is guilty of laches and is consequently estopped by his act, conduct and acquiescence from challenging validity of the election.