PYASE SAHEB GULSAR CHHOTUMIYA SAWASI Vs. DASHRATH WASUDEO DAFF

JUDGEMENT

(1.) Both these petitions arise out of the election proceedings filed by the respondent No. 1 before the District Judge, Nagpur under Section 428 of the City of Nagpur Corporation Act, 1948 (hereinafter called the Act) read with the Rules framed under Section 420 (3) (xviii) and (xix) of the Act (hereinafter called the Rules).

(2.) Respondent No. 1 the election-petitioner before the District Judge was the candidate to the election to elect a Councillor from Ward No. 31, called also Juna Motorstand Ward, of the City of Nagpur. There were other ten duly nominated candidates. The poll took place on 29-1-1975, counting on 31-1-1975 and the result was gazetted on 4th of February, 1975. At the counting the petitioner in the first petition Pyare Saheb, having secured 1132 votes being the highest in the number of votes polled, was declared elected. The election-petitioner polled next highest number of votes, being 803. The petitioner in another companion petition i.e., Special Civil Application No. 1337 of 1976 polled 700 votes. The other candidates similarly polled votes, the number of which need not be stated.

(3.) Election-petitioner claimed by the petition before the District Judge that election of Pyare Saheb from the said Ward should be set aside, he being disqualified in view of the provisions of Section 15 (i) of the Act having directly a share or interest in the contract with the Corporation on all the relevant dates, in that he had since 1972-73 taken a licence of 5 Otaa at Rs-. 60/- per month and he continued to be under the licence and as such owned an interest or share in the contract with the Corporation, the Otas being the property of the Corporation. It was also the case of the election-petitioner Dashrath that Pyare Saheb being disqualified and election-petitioner having polled the next highest number of votes should be declared as elected from that Ward. Having prayed for such a declaration he impleaded to the petition all the contending candidates as is required by the Rules.