MOHAN LAL Vs. BAL KISHAN

JUDGEMENT

(1.) THIS is an appeal under sec. 19 (2) of the Rajasthan Town Municipalities Act (No 23 of 1951) which will hereinafter be referred to as Act No 23, against the order of the learned District Judge, Jodhpur dated the 31st May, 1958, dismissing the appellant's election petition.

(2.) IT is common ground between the parties that the election of Municipal Board Phalodi was held on 1st of August, 1957, and the result was declared on the next day, i. e. 2nd of August, 1957. The appellant and the respondent both contested the election from Ward No. 4. From that ward the total number of votes polled was 414. Out of them 25 votes were declared invalid. Out of the remaining 389 votes, 192 were recorded in favour of the appellant and 197 in favour of the respondent got only 5 votes more than the appellant and he was declared elected.

(3.) LEARNED counsel for appellant insists that the matter should be decided by this Court. This prayer is contested by learned counsel for the respondent and in my opinion rightly too. It will be for the learned District Judge to scrutinize the rejected votes and decide as to how many of them were wrongly declared invalid. LEARNED counsel for the respondent has urged that the relief for recounting should not be given to the appellant because the ballot papers were not kept sealed. The packets were reopened on 4th August, 1957, and the papers have been tampered with. It would suffice to say that this Court cannot presume that all these allegations are correct. It will be open to the respondent to show to the learned District Judge whether the packets were not sealed and whether the papers have been tampered with if any.