Ranawat, J. - (1.) THIS is an application under Art. 226 of the Constitution of India, by Omprakash against the order of the Returning Officer dated the 19th of October, 1955, rejecting the nomination paper of the petitioner who was a candidate at the election of the members of the Municipality of Hindaun during the elections that were held in the year 1955. The nomination paper of Omprakash was rejected on the ground that he accepted cases against the municipality as a member of the Bar some-time in 1954 and was disqualified under sec. 12 (1) (8) of the Rajasthan Town Municipalities Act, 1951, (hereinafter to be referred to as the Act. The contention of the petitioner before this Court is that there is a patent error on the face of the record in the order of the Returning Officer by which he rejected the nomination paper of the petitioner and that under sec. 12 (l) (9) of the Act, it was not open to the Returning Officer to reject the nomination paper solely on the ground that at some-time in the past the petitioner accepter certain briefs against the Municipal Board as a member of the Bar.
(2.) SEC. 12 (1) (9) of the Act, which lays down disqualifications for membership of the Board, reads as follows - "no person may be a member of the Municipal Board who is employed as a paid legal practitioner on behalf of such Municipal Board or accepts employment as a legal practitioner against such Municipal Board, It may be noted that the language of the aforesaid provision of law is very clear and it only refers to existing employment for or against the Municipality at the time of the election. The tense used in the language of the law is present tense,and by no stretch of imagination could it be considered that the intention of law was to debar all legal practitioners who had at any time in the past in their life appeared for or against a Municipal Board in certain cases. The Returning Officer was clearly wrong in thinking the appearing against a Municipal Board in the past was tantamount to incurring a disqualification for membership of such Municipal Board. The intention of this provision of law is that a person in employment of the Municipal Board as a legal practitioner or a person employed or appearing against the Municipal Board at the time of the election should not be allowed to become its member. The idea is not to penalise person for their past conduct in appearing in cases against the Municipal Boards. No one has appeared to oppose this application and we feel that the petitioner's nomination paper was illegally rejected by the Returning Officer. The application is allowed and the order of the Returning Officer rejecting the nomination paper out he petitioner of the 19th of October, 1955,is set aside and he is directed to proceed with the election in accordance with law. .;