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 of Section 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 7th May, 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 I against the Board. The returning Officer accepted the objection and rejected the nomination paper of the respondent. Thereupon the respondent filed an election petition challenging the election of the appellant on several grounds including that of the 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:

(3.) IT has to be remembered that Section 26 as it stood before the amendment of 1961 by Act No. 26 of 1961, was as under: