JAICHAND LAL Vs. RAMJI LAL

JUDGEMENT

(1.) THIS writ petition is an offshoot of Civil Misc. Appeal No 6 of 1975.

(2.) THE petitioner was elected as a member of the Municipal Board, Chhappar from Ward No. 9 on 16. 9. 1974, and subsequently he was also elected as Chairman of the Board. THE non-petitioner No. 1 Ramjilal filed an election petition (No. 38/59) under Sec. 38 of the Rajasthan Municipalities Act, 1959 (which will hereinafter to be referred to as the 'act'), challenging the legality and validity of the petitioner's election. THE learned Civil Judge, Churu, who tried the election petition, set aside the petitioner's election by his order dated 16 1-1975, and further declared non-petitioner No. 1 as duly elected from Ward No. 9 Aggrieved by the order of the learned Civil Judge, the petitioner filed appeal to this Court, which has been registered as SB. Civil Misc. Appeal No. 6 of 1975 He also submitted stay application for a staying operation of the order of the learned Civil Judge. THE stay application was opposed on behalf of the non-petitioner No. 1 on the ground that the oath of office had already been administered to him as required under sec. 61 of the Act, and therefore, the stay application had become infructuous. My learned brother Jain J. , before whom the stay matter came up for disposal, passed the following order on 21st January, 1975: - "in view of the contention of Mr. Mridul (counsel for Ramjilal), it is hereby ordered that Ramjilal shall not take the oath of the office if he has not taken the oath uptil today. Further election of Chairman, Municipal Board, Chhappar shall not take place till further orders. "

(3.) THERE is nothing in this order to indicate that the matter was intended to be kept open for agitation by another writ petition.