ABDUL AZIZ Vs. MANMATH KUMAR

JUDGEMENT

(1.) THE short question for determination in this appeal against the judgment of the senior Civil Judge, Sikar (Election Tribunal) dated 28-2-1967, is whether the nomination paper of the respondent for election to the Municipal Board, Sikar was rightly rejected by the Returning Officer on the ground that he was employed as a legal practitioner against the Board at that time. THE decision of the above question depends upon the interpretation of the second part of clause 13 sec. 26 of the Rajasthan Municipalities Act 1959 (hereinafter called the Act ).

(2.) THE respondent had filed his nomination paper for election to Ward No. 10 of the Municipal Board, Sikar. At the time of scrutiny of the nomination paper on 7-5-1966, objection was raised that the respondent was disqualified from being chosen as a member of the Board because he was employed as legal practitioner against the Board the Returning Officer accepted the objection and rejected the nomi-nation paper of the respondent. THEreupon the respondent filed an election petition challenging the election of the appellant on several grounds including that of illegal rejection of his nomination paper by the Returning Officer. THE Election Tribunal tried the election petition on several issues, but for the purpose of this appeal the decision of the Tribunal on issue No. 1 is only relevant. Issue No. 1 is as follows : "whether the nomination of the applicant was illegally rejected by the Return ing Officer and if so, what is its effect?" Sec. 24 of the Act lays down that - "subject to the provisions contained in sec 9 and 26, a person shall not be qualified to be chosen to fill a seat on a Board unless - (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in the case of any other seat, he is an elector for any ward in the Municipality. " Sec. 26 deals with the general disqualifications for members and says that - "a person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as a member of a Board. (xiii) who is employed as a paid legal practitioner on behalf of such Board or accepts employment as legal practitioner against such Board during the term for which he has been elected. "