VISHWA MITTRA Vs. DIST JUDGE JHANSI

JUDGEMENT

(1.) The applicant along with Sri Jagdish Rai and Allah Rakha, who have been impleaded as opposite parties Nos. 2 and 3 to this petition, filed his nomination paper for ejection as a member to the Cantonment Board, Jhansi from Ward No. 3 in the election held in October 1954. On the date of scrutiny of nomination papers, the nomination paper of Sri Jagdish Rai, opposite party No. 2 was rejected by the Returning Officer and the applicant's and Allah Rakha's nomination papers were admitted and they were declared duly nominated. 12-10-1954 was the date fixed for the withdrawal of the nomination papers and on that date Sri Allah Rakha, opposite party No. 3 withdrew his candidature and as no other candidate was left in the field, the Returning Officer declared the applicant duly elected on the 13-10-1954 under Rule 22, Cantonment Rules. An election petition was thereafter filed by the opposite party No. 2 against the applicant on various grounds. The applicant put in his defence and filed his written statement. A number of issues were struck and issue No. 1 reads as follows:

(2.) This issue was heard as a preliminary issue in the case and the District Judge of Jhansi held in favour of the opposite party and rejected the objection of the petitioner that the petition as framed was not maintainable. The present petition has been tiled under Article 226 of the Constitution praying that a writ of certioran be issued quashing the order of the District Judge dated 23-4-1955 by which he disposed of issue No. 3. It wits further prayed that a writ in the nature of prohibition be issued prohibiting the District Judge. Jhansi from proceeding with the trial of "Election Petition No. 11 of 1954 -- ('Sri Jagdish Rai v. Vishwa Mittra).

(3.) A counter affidavit has been filed on behalf of the opposite parties and the right of the petitioner to claim a writ of certiorari is denied.