GANGADHAR BAPURAO GADRE Vs. HUBLI MUNICIPALITY

JUDGEMENT

(1.) The petitioner filed a petition in the District Court at Dharwar praying for a declaration that the election of Opponents Nos. 1 to 4 as councillors of the Hubli Municipality, was illegal and void on account of the corrupt practices described in the petition, and further that he and Opponent; No. 5 should be declared as validly elected members of the Hubli Municipality. Opponents Nos. 1, Sand 4, resisted the application on the grounds set out in their written statement. They denied the corrupt practices attributed to them, and contended that the petition, not having been legally and properly presented to the District Judge, was barred by time.

(2.) The first issue was whether the petition was or was not legally and properly presented to the District Judge within the prescribed time. The petition was as a matter of fact presented to the clerk of the Court of the District Judge within ten days of the declaration of the results of the elections for the Hubli Municipality. The question then was, whether such a presentation amounted in the eye of the law to its presentation to the District Judge as required by Clause (1) of Section 22 of the Bombay District Municipal Act III of 1901.

(3.) The Assistant Judge held that the presentation of the application feel the clerk of the Court of the District Judge was not a presentation of the application to the District Judge, and accordingly the application was rejected.