S.N. Modi, J. - (1.) This is a Civil Miscellaneous appeal under Sec. 46 of the Rajasthan Municipalities Act, 1959, against an older of the Civil Judge, Churu, dated January 16, 1976, whereby the appellant's election as a member of the Municipal Board, Chappar, was set aside.
(2.) The relevant facts giving rise to this appeal are these. The election of Municipal Board, Chappar, was held on September 15, 1975 From Ward No. 9, there were three contestants, (1) appellant Jai Chand Lal, (2) respondent No. 1 Ramjilal, and (3) respondent No. 2 Bhuramal Bhuramal secured 7 votes only. Jai Chand Lal and Ramjilal secured equal number of voles, namely. 186 votes each. A lot was, therefore, drawn by the Returning Officer on September 16, 1974, as per Sec. 56 of the Rajasthan Municipalities Election Order, 1960 Since the lot fell on Jai Chand Lal., he was declared duly elected by the Returning Officer On October 14, 1974, Ramjilal filed an election petition challenging the election of Jai Chand Lal on the following grounds amongst others, - - Ramjilal made two fold prayer in the election petition. In the first instance, it was prayed that the election of Jai Chand Lal be declared void and secondly, that he (Ramjilal) be declared elected instead. It was also prayed that the ballot -papers be rescrutinised to and out the mistake committed by the Returning Officer. Jai Chand Lal, the returned candidate, resisted the election petition. He denied that any vote in favour of the election -petitioner had been wrongly rejected or that any vote had been wrongly counted in his favour According to him, no mistake was committed by the Returning Officer in counting the votes. He further pleaded that no objection what so ever was raised by the election petitioner or this authorized agent at the time of counting. If the Returning Officer had wrongly rejected or accepted any vote, the election petitioner would have given full details of each vote specially when the prayer was for recounting of votes.
(3.) The learned Civil Judge framed following issues, - - "(1) Whether any particular voter had affixed the seal on the election symbol elephant and the Returning Officer had treated this vote as cancelled, if so what is its effect on this petition? (2) Whether Murari Lal voter was disallowed to cast (the duty) vote and what is its effect on the petition? (3) Whether the Returning Officer had counted a blank ballot paper in favour of non -petitioner No. 1 and has it any effect on this election petition? (4) Whether the non -petitioner No. 1 had paid a bribe of Rs. 600/ - to non -petitioner No. 2 and thereby he had discouraged the non petitioner No. 2 from fighting the election. If so, what bearing has it upon this cause of action? (5) Whether the election petition has not been presented in accordance with law and the verification of it is not legal, so the petition is not competent?;