ISMAIL Vs. RAJASTHAN STATE

JUDGEMENT

(1.) THIS is an application by one Ismail, resident of Sojat City, under Article 226 of the Constitution of India and arises under the following circumstances:

(2.) IN connection with the municipal elections for the town of Sojat, the Collector pall, who is non-petitioner No. 2, appointed the Sub-Divisional Officer, Sojat, non-petitioner No. 3, as a returning officer for the elections. Non-petitioner No. 3 thereupon invited nomination papers to be filed by 25-7-1956. The petitioner submitted his nomination paper to non-petitioner No. 3 for his election as a member of Sojat Municipal Board from Ward No. 10. The only other person who submitted his nomination paper from the same Ward was non-petitioner No. 4, narain. On 28-7-1956, the returning officer scrutinized the nomination papers and rejected the nomination papers of the petitioner as also of non-petitioner No. 4. The petitioner's nomination paper was rejected on the ground that he did not fulfil the qualification as provided in Rule 13 of the Rajasthan Town Municipal Election rules, 1951 (which will hereinafter be referred to as the 'rules'), because it was found by the returning officer that the petitioner was not capable of reading and writing Hindi, nor was he otherwise literate. To this extent, there is no dispute between the parties on facts.

(3.) THE petitioner has challenged the correctness of the returning officer's order dated 28-7-1956, on the following grounds: