SAHU KALYAN DAS Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This case has been referred by a learned Judge of this Court to a Bench of two Judges because it raises a novel point.

(2.) At a municipal election held at Chandausi there was a quadrangular contest between four candidates, who had all deposited Rs. 50 as security under Rule 22 of the Municipal Rules. The applicant Sahu Kalyan Das got less than the minimum fraction of the number of votes recorded which is prescribed by Rule 34. The election was objected to by another defeated candidate and was ultimately set aside by the Commissioner. The learned Commissioner held that the election must be quashed because there were no official marks on the ballot papers at all required by Rule 45 and the whole proceedings were accordingly void ab initio. Rule 45 is imperative and lays down that the ballot paper shall be rejected if it has not the official mark. As none of the ballot papers had any official mark, they were all rejected, and the whole election was set aside and a fresh election was ordered. The applicant applied to the Municipal Board for a refund of the amount of his deposit but his application was refused. He then filed a suit in the Court of Small Causes, and his suit has been dismissed on the ground that the deposit was rightly forfeited under Rule 34.

(3.) As the case is a Small Cause Court case we have power under Section 25 of the Act to revise the order if it is not according to law.