OM PRAKASH Vs. PRABHU SHARAN SHARMA

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution of India, by Omprakash against the order of the Returning Officer dated the 19th of October, 1955, rejecting the nomination paper of the petitioner who was a candidate at the election of the members of the Municipality of Hindaun during the elections that were held in the year 1955. The nomination paper of Omprakash was rejected on the ground that he accepted cases against the municipality as a member of the Bar some-time in 1954 and was disqualified under sec. 12 (1) (8) of the Rajasthan Town Municipalities Act, 1951, (hereinafter to be referred to as the Act. The contention of the petitioner before this Court is that there is a patent error on the face of the record in the order of the Returning Officer by which he rejected the nomination paper of the petitioner and that under sec. 12 (l) (9) of the Act, it was not open to the Returning Officer to reject the nomination paper solely on the ground that at some-time in the past the petitioner accepter certain briefs against the Municipal Board as a member of the Bar.

(2.) SEC. 12 (1) (9) of the Act, which lays down disqualifications for membership of the Board, reads as follows - "no person may be a member of the Municipal Board who is employed as a paid legal practitioner on behalf of such Municipal Board or accepts employment as a legal practitioner against such Municipal Board,