KESU Vs. SUGANCHAND

JUDGEMENT

(1.) THIS is an appeal under sec. 19 (2) of the Rajasthan Town Municipalities Act, 1951 (hereinafter called the Act ). It relates to the municipal elections of the Rajgarh Municipality which took place on the 17th of July, 1957. Several candidates filed the nomination papers for ward No. 4 but ultimately only three candidates contested the election. They were Suganchand, Kesuram and Prahlad. The counting of the votes took place on the 8th of July, 1957. The result of the counting as declared by the Returning Officer was - Kesuram 226 votes Prahlad 70 votes Suganchand 224 votes Invalid Ballot papers 70 Missing Ballot paper 1 Kesuram was declared fleeted by the Returning Officer. On this Suganchand filed an election petition on the 16th of July, 1957 before the District Judge, Bikaner, claiming that the election of Kesuram be declared illegal and he be declared to be duly elected member. The main ground for his claim was that several ballot papers were declared invalid which should have been counted in his favour.

(2.) THE election petition was contested by Kesuram on several grounds. It was urged that Jitu Khan who had filed his nomination paper but has withdrawn was not made a party to the election petition and the election was liable to be dismissed for nonjoinder of necessary parties. It was also urged that there was no rejection of the valid nomination papers. Jitu Khan was later on made a party on the 15th of Jan, 1958.