GYANIRAM GUJARAM Vs. I.N. SAKSENA D.J., RAIGARH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution by one Gyaniram who questions the order of the District Judge, Raigarh, dated 2nd July 1958, in Civil Appeal No. 560 of 1958.

(2.) THE facts are as follows: Gyaniram was returned as an elected member from Ward No. 6 to the Municipal Committee, Kharsia, on 27th May 1958. The result of the election was declared the next day and the Collector notified it in the Madhya Pradesh Gazette on 13th June 1958. Subsequently, the Collector in exercise of the powers conferred on him issued a notice on 7th June 1958 calling a meeting of the elected members on 27th June 1958 for the purpose of selection of members under the Act. This notice became ineffective because of an order by the High Court. The Collector, Raigarh, then superseded the earlier notice and issued another calling the same meeting on 5th July 1958. Before this date, however, applications had been filed to question the election of the Petitioner before the Additional District Judge, Raigarh. The District Judge, Raigarh withdrew the cases upon his file inasmuch as the Additional District Judge was not available and on 2nd July 1958 passed the impugned order. By that order he provisionally stayed the selection of the members and the Collector, Raigarh, and the Secretary, Municipal Committee, Kharsia, were informed accordingly. By this petition Gyaniram challenges the order of the District Judge as being without jurisdiction.

(3.) UNDER the fourth sub -section no appeal lies against the decision of the Judge on such petition and under the fifth sub -section a power of revision is conferred on the High Court which can revise the order of the Judge on the ground that the decision 13 contrary to law or that the Court has exercised jurisdiction not vested in it by law or has failed to exercise a jurisdiction vested in it by law. Under the Rules framed for the purpose of inquiries into these election matters, the Judge hearing an election petition is conferred the powers which are vested in a civil Court under the Code of Civil Procedure code in respect of certain enumerated matters. Rule 12 reads as follows: