R S NAVALKAR Vs. MRSSAROJANI NAIDU

JUDGEMENT

(1.) This application purports to be made under Secs.115 and 151 of the Civil Procedure Code in the following circumstances: The petitioner and opponent No. 1 were candidates in the Bhuleshwar (C) ward Municipal General Election held on January 29, 1923, with fifteen others for sixteen seats. The petitioner as a result of the poll was not elected, and then filed an Election Petition under Section 33 of the City of Bombay Municipal Act (III of 1888).

(2.) Under Section 33 (1) if the qualification of any person declared to be elected for being a councillor is disputed, or if the validity of any election is questioned whether by reason of the improper rejection by the Commissioner of a nomination or of the improper reception or refusal of a vote, or for any other cause, any person enrolled in the Municipal election roll may, at any time, within fifteen days after the result of the election has been declared, apply to the Chief Judge of the Small Cause Court. Sub-section 2, Section 33, directs what the Chief Judge, after making such inquiry as he deems necessary, may decide. Under Sub-section 3 the Chief Judge's order shall be conclusive.

(3.) On March 7, the Chief Judge delivered judgment in the matter of the petitioner's application and dismissed it with costs.