JAI CHAND LAL Vs. RAMJILAL

JUDGEMENT

(1.) This is a Civil Miscellaneous appeal under Sec. 46 of the Rajasthan Municipalities Act, 1959, against an older of the Civil Judge, Churu, dated January 16, 1976, whereby the appellant's election as a member of the Municipal Board, Chappar, was set aside.

(2.) The relevant facts giving rise to this appeal are these. The election of Municipal Board, Chappar, was held on September 15, 1975 From Ward No. 9, there were three contestants, (1) appellant Jai Chand Lal, (2) respondent No. 1 Ramjilal, and (3) respondent No. 2 Bhuramal Bhuramal secured 7 votes only. Jai Chand Lal and Ramjilal secured equal number of voles, namely. 186 votes each. A lot was, therefore, drawn by the Returning Officer on September 16, 1974, as per Sec. 56 of the Rajasthan Municipalities Election Order, 1960 Since the lot fell on Jai Chand Lal., he was declared duly elected by the Returning Officer On October 14, 1974, Ramjilal filed an election petition challenging the election of Jai Chand Lal on the following grounds amongst others, - -

(3.) The learned Civil Judge framed following issues, - -