ISMAIL Vs. NARAIN

JUDGEMENT

(1.) THE following, question has been referred for reply to a Division. Bench by a learned Single Judge of this Court: - "whether the rejection of all the nomination papers by the returning officer in an election under the Rajasthan Town Municipalities Act is tantamount to "the declaration of the result of election" as Contemplated by sec. 19 of the Act and whether an election petition by a candidate whose nomination paper has been rejected would lie even though no candidate has been declared elected?"

(2.) THE brief facts of the case may be mentioned in order to understand the question. THEre was general election to the Sojat Municipal Board in July/august 1956. Nominations were invited and scrutiny of nomination papers took place on the 28th of July 1956. THEre were two candidates who filed nomination papers for election in Ward No. 10 THE Returning Officer rejected the nomination papers of both these candidates on the ground that they were not qualified to stand for election. No election was, therefore, held in this ward, while the rest of the election was held on the due date. Eventually, we are told that a kind of by-election was held to this ward some months later.-