SHATRUSHAL SINGH Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THIS appeal has been referred to this Bench for decision as the questions involved are of sufficient importance and affect several other pending appeals. The material facts as set out in the judgment of reference are as follows : -

(2.) THE Collector of Barmer appointed the Sub-divisional Magistrate of Balotra as the Returning Officer for holding election of members of the Balotra Municipality, THE Returning Officer fixed 24th of December 1957 as the date for the election. He also notified that nominations could be filed between the 1st and 9th of December 1957. THE appellant, Shatrushal filed his nomination paper on 6th December, 1957 while the respondent Noor Mohammad filed his, on the 9th of December, which according to the date prescribed by the officer, was the last date for the receipt of nomination papers. It appears that 8th December, 1957, was a public holiday. As a result of the poll, Noor Mohammad, the respondent was declared elected. THE appellant Shatrushal then filed an election petition, out of which this appeal arises, before the District Judge, Balotra. THE main objections on which the election petition was founded were twofold : (1) That the nomination paper of Noor Mohammad having been filed on 9th December 1957 was not filed "at least fifteen days before the date election" as required by rule 15 of the Rules framed under the Rajasthan Town Municipalities Act; and that the improper acceptance of the nomination paper had materially effected the result of the election; (2) That the nomination paper of Noor Mohammad was not handed over to the Returning Officer personally, but was presented to one Bansidhar, a clerk in the court of the Sub-divisional Magistrate; as such, there was no proper presentation in the eye of law and the nomination paper should have been rejected.