Judgement

S. K. DAS, J, - This appeal has been preferred to this Court on the strength of a certificate granted by the High Court of Allahabad on 3rd February 1956, to the effect that the case is a fit one for appeal to the SC under Ar. 133 (1) (c) of the Constitution. The question that falls for decision is the true scope, meaning and effect of cl. (g) of S. 13-D, U. P. Municipalities Act (U. P. Act No. II of 1916), hereinafter referred to as the Act.

2. The relevant facts, which are not now in dispute, are these. There was a general election to the Municipal Board of Bareilly in October 1953. The appellant, Mangoo Singh, and respondent No. 3, Imdad Husain, along with several others, were candidates at the said election from Ward No. 15. The date fixed for filing nominations was 5th October 1953, and the date for scrutiny of the nominations filed was 7th October 1953.

The appellant and respondent No. 3 both filed their nominations on the due date, and at the time scrutiny Imdad Husain raised an objection to the nomination of the appellant on the ground that the latter was disqualified under cl. (g) of S. 13-D of the Act for being chosen as a member of the said Municipal Board becaus