B.P.BERI, J. - (1.) THIS is special appeal directed against the judgment of a learned single Judge of this Court, who exercising the appellate jurisdiction under Section 46 of the Rajasthan Municipalities Act, 1959 (hereinafter called 'the Act') affirmed the decision of the Tribunal which had set aside the election of the appellant as a member of the Municipal Council, Sri Ganganagar and dismissed the appeal.
(2.) A preliminary objection has been raised by Shri L.R. Mehta, learned Counsel for the respondent, that this appeal is not competent under Section 18 of the Rajasthan High Court Ordinance on the authority of a Divisional Bench of this Court in Mohd. Umar v. Ahmed 1965 RLW 458. He invited our attention to Rawat Himmat Singh v. State of Rajasthan 1967 RLW 214; South Asia Industries (P) Ltd. v. S.B. Sarup Singh and Ors. AIR 1955 SC 1442, Rao Shiv Bahadur Singh and Anr. v. The State of Vindhya Pradesh AIR 1953 SC 349; The Union of India v. The Mohindra Supply Co. AIR 1962 SC 266 and to the decision of Balram v. Anguri Devi decided on 17 -3 -1965 by the Supreme Court. Mr. C.L. Agarwal, learned Counsel for the appellant, submitted that the view in Mohd. Umar's case 1965 RLW 458 requires reconsideration because the Supreme Court itself in Gulab Bai and Anr. v. Punia : [1966]2SCR102 modified its earlier view reported in Mohindra Supply (sic) case AIR 1962 SC 266. He further invited out attention to a number of decisions, namely, Fateh Chand v. Rup Chand AIR 1916 PC 20; Haung Ba Thaw and Anr. v. Ma Fin AIR 1934 PC 81; Hem Singh and Ors. v. Basant Das and Anr. A1R 1936 PC 93; Adaikappa v. Chandrasekhara AIR 1948 PC 12 and to Roland Barrows' 'Words and Phrases Judicially Defined'. He also urged that a number of special appeals relating to Municipal elections are pending and the matter should, therefore, be referred to a larger Bench.
(3.) AS we propose to upheld the preliminary objection raised by Mr. Mehta and add to the reasons contained in Mohd. Umar's case 1965 RLW 458, it is nor necessary to mention other facts or grounds arising in this appeal.;