DAULAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application by Daulat Ram under Article 226 of the Constitution of India.

(2.) It is stated by the petitioner that he is a duly elected member of the Municipal Board. Ladnu and was personally interested in the election of its Chairman which was scheduled to be held at 11 A.M. on 20-8-1959. The District Magistrate and Collector, Nagaur, nominated respondent No. 2, Shri Kiran Babu, Sub-Divisional Magistrate, Didwana, to preside over the meeting for the said election and to receive nominations of candidates, The nominations were to be submitted to respondent No, 2 at least 48 hours before the time fixed for the meeting and, therefore, they should have been submitted before 11 A.M. on 18-8-1959. According to the petitioner, his nomination paper was taken to Didwana by Shri Kanhaiyalal Sethi, and Shri Gordhan. The petitioner and his supporters including Shri Atma Ram and Shri Mohanlal Bohra also accompanied the above two named sponsors, who were the elected members of the Board and they reached the office of the Returning Officer Didwana, in the morning of 18-8-1959, at about 9-30 The petitioner proceeds to say that they found the office closed and the police guard, who was stationed there, told the petitioner and his companions that the office was closed on account of the holiday of Rakshabandhan and the Sub- Divisional Officer might be present at his residence. Thereupon, the petitioner and his companions went to the residence of respondent No. 2, but they were told by his servant that he had gone out with Shri Abdul Gani pleader for inspection of a certain site. The petitioner and his companions, therefore, waited outside the office of respondent No. 2 till 11 A.M., but neither his office was opened by that time. nor did respondent No. 2 come to that place. The petitioner and his companions then went to the residence of respondent No. 2 at about 12.30 P.M. They were asked to wait for some time and then at about 1 P.M. respondent No. 2 came out and when the petitioner's nomination paper was presented to him, he refused to receive it on the ground that it was presented after the prescribed time. The petitioner and his sponsors explained to him that his office was closed, that he had gone out for some work and it was not their fault if he was not available before 11 A.M. but these arguments did not prevail with him and he rejected the petitioner's nomination paper at 1.30 P.M. on account of its having been presented after the prescribed period of time. It is contended by the petitioner that the refection of his nomination paper by respondent No. 2 was illegal and improper, because the petitioner and his sponsors had reached his olfice about one and a half hours earlier before the expiry of the prescribed time and it was none of their fault if the office of respondent No. 2 was closed or if he could not be found at his house having gone out for some other Work,

(3.) It may be mentioned here that this application was presented on 19-8-1959, and therefore it was prayed that the election of the Chairman, Municipal Board Ladnu which was to be held on the next day i.e. 20-8-1959, at 11 A.M. should be. stayed by a writ of prohibition and that the order of respondent No. 2 rejecting the petitioner's nomination paper should be quashed by a writ of certiorari or any other appropriate direction or order. It was further prayed that respondent No. 2 should be directed to include the petitioner's name in the list of candidates for Chairmanship,