Decided on August 01,1984

SHRI NIWAS Appellant
KESRI CHAND Respondents


G.M. LODHA, J. - (1.)"Zero" is the pivot of prolonged legal debate in this appeal which belongs to the branch of Election Law. The appellant who could not be elected as Chairman of the Municipal Board, Nokha by the elective process of votes, is having third inning in this appeal, now, with consistent and persistent effort to become 'Chairman' by legal process at the alter of elective process. "Zero" which plays an important role in arithmetical, mathematical and algebraical science and of which an international history was made in eloquence and oratory by the Great Scholarly saint, Vivekanand' when he delivered his unprecedented speech in world conference, making the audience spell bound and wondering, is now engaging our attention in jurists field when Shri M. M. Sanghvi, the learned counsel for the appellant, wants us to hold that "Zero" is equivalent to 'nothing' and, should be ignored outrightly without application of any further mind.
(2.)The pivot of the controversy is the process of elimination in the process of voting for Chairman of the Municipal Board under the Rajasthan Municipalities Act and Rules which requires elimination of one who obtains "lowest vote".
(3.)Before we proceed for adjudication of the interesting legal controversy raised, we would now like to give the traditional facts so that the legal debate and legal adjudication can be appreciated. The occasion of this genesis of the controversy was the election of the Chairman of Municipal Board, Nokha (Bikaner). Four persons were declared nominated as candidates and the voting revealed the following results in the successive rounds of the votes : - Rounds 1st 2nd 3rd 1. Kesri Chand 5 5 8 2. Shri Niwas 7 8 7 3. Gangadutt 3 2E -

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