PRITHVI RAJ Vs. STATE

JUDGEMENT

(1.) THIS is a writ petition by Prithviraj; who is a resident of Sujangarh and who is one of the qualified voters for purposes of election to the Sujangarh Municipality.

(2.) IT is common ground between the parties that non-petitioner No. 2, Shri Radha Vallabh Chowdari, Sub-divisional Magistrate, Ratangarh, was appointed as Returning Officer for conducting election of the. Sujangarh Municipality. He issued a notice Ex. 1 dated 9th December, 1958, whereby all concerned were informed that the last date for filing nomination papers was 28th March, 1959, and that the polling would take place on the 13th April, 1959.

(3.) IT is apparent that Section 19 of the Act deals with the determination of the validity of elections challenged before the election tribunal and sec. 19-A of the Act lays down the procedure where entire election is set aside. IT says that whenever the, election of the total number of the Municipality is simultaneously set aside under sec. 19, the Government shall order fresh general elections to be held as early as possible. To my mind, the foregoing provision makes it quite clear that the election of the total number of the members of the Municipal Board can also be challenged before the Election Tribunal. I have not been referred to any provision which debars the Election Tribunal from making an enquiry into and giving its decision upon the allegations relating to a fundamental deficiency in the election, i. e. a deficiency which shakes the very foundation of the election. On the other hand, I think that the questions which have been raised by the petitioner can be decided properly by an Election Tribunal, because it can decide both questions of fact and of law.