Jagdish Sahai, J. - (1.) This Special Appeal is directed against the judgment of G.C. Mathur J. dated 28th April, 1966, allowing writ petition No. 670 of 1966 filed by respondent No. 1 Chetu. The last election of the Chairman and members of the Town Area Committee. Newari, district Meerut, was held on 29th of November. 1964.
(2.) The dispute in the present case relates to Ward No. 5 which is a double member constituency in which one seat is reserved for the scheduled caste and the other is a general seat. There were four contestants in this Ward, i.e. the appellant Hira and respondent No. 1 Chetu, both of scheduled caste and Davanand and Maujuddin for the general seat.
(3.) Admittedly in all 585 votes were polled. Of these at the time of counting 35 were declared invalid and the result was declared on the basis of the remaining 550 valid votes on 30th November 1964. Annexure 'G' is form No. 15 prepared by the Returning Officer on the 30th of November 1964. In this document the votes received by the various candidates have been stated as follows: The same day Annexure 'H' which is form No. 17 was prepared. In this the votes polled by each of the contestants has been shown as follows: In the U.P. Gazette Extraordinary, December 7, 1964, the following notification dated November 30, 1964, was published under the signature of the Assistant Returning Officer. "In pursuance of the provisions of para 68 of the U. P. Town Areas (Conduct of Election of Members) Order, 1964, I hereby declare that Sri Heera of Newari has been elected to the seat reserved for members of the scheduled Castes in Ward No. 5 of Newari Town Area and Sri Daya Nand of Newari has been duly elected to fill the remaining seat in that Ward." In the same issue of the U. P. Gazette there, is another notification No. LB -7680/XVII -A -109 -LB -1964 which so far as is relevant for purpose of the case reads: "With reference to notification Nos. LB -7677/XVII -A 109 -LB 1964 and LB 7688/XVII A -109 -LB -1964, dated December, 7, 1964 and in pursuance of the provisions of para 84 of the U. P. Town Areas (Conduct of Election of Members) Order, 1964, the Govern or is pleased to notify that the Committee of each of the Town Areas named below, has been constituted:;