PREM RAJ Vs. BHANWAR LAL

JUDGEMENT

(1.) THE Instant Misc. Appeal has been filed against the judgment dated 24.5.95 passed by the learned District Judge, Jalore Camp at Bhlnmal holding that the learned Civil Judge Senior Division where Municipal Board is situated, has jurisdiction to entertain the Election Petition, therefore, he directed to return the Election Petition for its presentation before the said Court.

(2.) IN support of his aforesaid conclusion, he has placed reliance on a decision rendered by a learned Single Judge of this Court in the case of Lola Maharaj v. Ram Chandra and Ors. reported in 1972 WLN 1118.

(3.) MAIN thrust of argument of learned counsel for the appellant Mr. M.S. Singhvi before me is that Section 40 of the Rajasthan Municipalities Act, 1959 hereinafter referred to as 'the Act No. 38 of 1959 deals with presentation of the Election Petition relating to Municipalities In the State, Which has now been drastically amended. According to the learned counsel for the appellant, learned District Judge failed to notice substituted Section 40 of Act No. 38 of 1959, which has resulted into' miscarriage of justice in the present case. Section 40 of the Principal Act has been drastically amended and substituted as follows -