UPENDRALAL WAGHRAY, J.

( 1 ) THIS writ petition has been referred to a Bench by Amareswari J. , as there is no direct decision of this Court on the question raised, and there is conflict in some decisions of the Madras High Court and also a judgment of the Kerala High Court.

( 2 ) THE principal question for consideration is "whether a person who was adjudicated an insolvent and subsequently due to his failure to apply for discharge in time, the said adjudication was annulled, is disqualified for election as a Councilors of Municipal Council in terms of Section 15 (2) (b) of the Andhra Pradesh Municipalities Act 1965?"

( 3 ) THE facts giving rise to this writ petition lie in a very narrow compass. The writ petitioner and the 2nd respondent were the only contestants for the election of a Councilor from a general seat of the Ninth Ward of Tuni Municipality in the election which took place on 9th Aug. 1981. After a poll, the writ petitioner was declared to have been elected. Thereafter, the 2nd respondent herein challenged the said election under the provisions of the Andhra Pradesh Municipalities Act 1965 by filing Original Petition 217 of 1981 on the file of the Election Tribunal viz.

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