RAM KHILARI Vs. HARI SINGH

JUDGEMENT

(1.) THIS is an appeal by one Ram Khilari against an. order of the District Judge, bharatpur, dismissing his election petition against Hari Singh.

(2.) RAM Khilari and Hari Singh were candidates for election to the Municipal Board, bharatpur from Ward No. 19. 19th March, 1956 was the date fixed for election. Hari Singh filed his nomination paper on 4-3-56, Polling took place on 19-3-56 as a result of which Hari Singh was declared elected. Ram Khilari filed an election petition inter alia on the ground that the nomination paper of Hari Singh was invalid having been filed beyond time. The learned District Judges found that the nomination paper was in fact filed beyond time. But he held that the case fell under sub-clause (5) of Sec. 19 and the election of Hari Singh was not vitiated. Against this decision, the present appeal has been filed.

(3.) THE first question for decision is as to whether Rule 15 of the Rajasthan Town municipal Election Rules, 1951 is mandatory. It runs as follows :