Decided on August 11,1969



SHIV DAYAL J. - (1.) THIS is a petition under Article 226 of the Constitution.
(2.) THE Tahsildar, Kurwai, (respondent No. 1), was appointed Supervising Officer for the conduct of elections to the Kurwai Municipality. THE last date for filing nomination papers was the 1st July 1969; the date of scrutiny was the 7th July and the date for polling was fixed as 7th August 1969. Petitioners Nos. 1 to 6 were candidates from wards Nos. 1 to 6 respectively. On the date of scrutiny, their nomination papers were rejected by the Supervising Officer, and their appeal to the Sub-Divisional Officer was also dismissed, on the ground that the name of the municipality was not entered at the top of the printed nomination forms which they had filed. It is not disputed before us that that was the only defect. As a result of the rejection of the nomination papers of petitioners Nos. 1, 3, 4, 5 and 6 the (respondents Nos. 4, 6, 7, 8 and 9 were declared elected unopposed from wards Nos. 1, 3, 4, 5 and 6 respectively on July 7, 1969. This is not in dispute. It is also not in dispute that as a result of the rejection of the nomination paper of petitioner No. 2 and the withdrawal of respondent No. 10, who was described by the petitioners as a dummy candidate from ward No. 2, respondent No. 5 was also declared elected unopposed on July 16, 1969. In short, the respondents Nos. 4 to 9 being declared elected as unopposed, the polling of August 7, 1969, became unnecessary.
(3.) THE petitioners' contention is that the rejection of their nomination papers is in utter violation of the law and that the Supervising Officer was in league with respondents Nos. 4 to 10. It is contended that now a meeting of the councillors so elected will be called for the purpose of selecting councillors as required by section 19 of the M. P. Municipalities Act, 1961 (hereinafter called the Act). THE elected councillors and the selected councillors will then elect the President and Vice-Presidents under section 43 of the Act. THE petitioners would be deprived of their valuable right to participate in the selection of candidates under section 19 (b) and the right to contest the Presidentship and Vice-Presidentship under section 43 of the Act. The Supervising Officer and the Chief Municipal Officer of the Kurwai Municipality were served. They acknowledged receipt of notice of this petition but did not enter appearance before us to oppose the petition. A return was filed on behalf of respondents Nos. 4 to 9. Shri B. C. Verma appeared for them and argued the case before us. Shri Munshi, learned Government Advocate also addressed us.;

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