Judgement

GAJENDRAGADKAR, C.J.I. : The appellant, Gulam Yasin Khan, and respondent No. 1, Sahebrao Yeshwantrao Walaskar, were candidates for election as members to the Municipal Committee, Malkapur, District Buldana, from Ward No. 17. The date fixed for filing the nomination papers was 16th March, 1964, and the date for scrutiny was 18th March, 1964. Both the appellant and respondent No. 1 had filed their nomination papers as required by the relevant Rules. When the stage of scrutiny arrived, respondent No. 1 objected to the validity of the candidature of the appellant. He alleged that the appellant s son Khalidad Khan was a Moharir on Octroi Naka employed by the Municipal Committee; as such, he was a servant of the Committee. According to respondent No. 1, the employment of the appellant s son by the Municipal Committee showed that the appellant had an interest in the Municipal Committee; and son, he was disqualified from standing for election under S. 15(1) of the Central Provinces and Berar Municipalities Act, 1922 (No. II of 1922) (hereinafter called the Act ). The appellant disputed the validity of this objection. He alleged that his son was not staying with him and bad no con