Mootham, C.J. - (1.) THIS is a petition Under Article 226 of the Constitution which has been moved in the following circumstances. The Petitioner was one of four candidates for election as a member of the Municipal Board of Sitapur from Ward Kot. Ward Kot was a two member constituency; the election was held on 26 -10 -1953, and on the following day the result was declared, the votes obtained by the candidates being - - Abdul Qadir (Respondent) 480 Amir Ullah (Petitioner) Mohammad Jafar The Returning Officer declared Amir Ali and the Respondent to be duly elected.
(2.) THEREAFTER within the period of 30 days prescribed by Section 20 of the UP Municipalities Act, 1916, the Petitioner presented a petition challenging the validity of the election of the Respondent and praying that the election of the Respondent be set aside and that he be declared to have been duly elected. The validity of the Respondent's election was challenged on a number of grounds. It was alleged in para. 3 of the petition that the Respondent was not qualified to be nominated as a candidate as he was disqualified Under Section 13 -D of the Act as he held a place of profit in the gift and at the disposal of the Board; in para. 4 that the Respondent by himself and through his agents and workers procured the giving of a large number of votes in the name of voters who were not the persons giving such vote; and in para. 5 that the Respondent by himself, his agents and workers canvassed for votes within the Polling Station and within a distance of twenty five yards therefrom. It is important to observe that para. 4 concluded with the following sentence: Some particulars are given below and more particulars would be given after inspection Under Para. 72 of the UP Municipalities (Conduct of Election of Members) Order, 1953.
(3.) PARA . 6 is also important; it is in fact the corner -stone, as will appear, of the Petitioner's case. It is in these terms: That for the reasons stated above the election of the Respondent is liable to be set aside and the Petitioner is entitled to have a declaration to the effect that he has been duly elected by a majority of votes and is entitled to be substituted in the room of the Respondent on the Municipal Board of Sitapur.;