Section 74(2) of the Representation of the People (Second Amendment) Act, 1956, which repealed Section 143 of the Representation of the People Act, 1950, and declared that any disqualification for voting incurred under Section 143 shall stand removed, is retrospective in operation and removed even the disqualifications incurred by a person prior to the coming into force of that Act on 28-8-1956.

1. This is an application for revision under Section 20-A (5) of the Central Provinces and Berar Municipalities Act and it raises a somewhat interesting and important question as to the construction, and effect of Section 74 (2) of the Representation of the People (Second Amendment) Act (Central Act 27 of 1956).

2. The question arises in the following circumstances. The applicant Sadasheo Jagannath Barapatre had at one time stood for election to the former Madhya Pradesh Legislative Assembly and had been disqualified under the then existing provisions of Section 143 read with Section 7, Clause (c), of the Representation of the People Act, 1950 (Act 43 of 1951). The notification (No. 69-4-53), dated 1-9-1953 issued in this behalf by the Election Commission of India was published in the then Madhya Pradesh Gazette of 10-9-1953. The disqualification mentioned in the notification under the said sections read with Rule 114, Sub-rule (5) of the Representation of the People Rules, 1951 was from voting at any election for a period of five years horn the date by which the return was required to he lodged. The date of the filing of the return as stated in the notification, was 24-3-1952, and therefore the applicant Sadasheo was upon the notification disqualified from voting till 24-3-1957.

3. After the incurring of this disqualification by the applicant, there were held municipal elections for filling up the membership of the Municipal Committee of Khapa in Saoner tahsil. The relevant dates of the election programme in connection with this election were as follows:

The last date for nomination -- 28- 9-55

The date for scrutiny of the

nominations -- 6-10-55

The last date for withdrawal -- 10-10-55

4. Before the date of withdrawal of nominations, the non-applicant apparently withdrew his candidature, and therefore the applicant Sadasheo was declared elected. Shortly after the publication of the results, however, the non-applicant Hemaji filed an election petition under Section 20-A (2) of the, Central Provinces and Berar Municipalities Act, seeking to set aside the election of the applicant. Hemaji alleged that he had never withdrawn his candidature and that the so-called withdrawal application was a forged document. He therefore prayed that he had been wrongly declared to have withdrawn and the applicant could not have been declared elected. He also urged that the applicant had incurred a disqualification from voting by virtue of the notification of the Election Commission, referred to above, that therefore the applicant was not qualified to stand for election as a member at all and that his election should be declared void and the non-applicant Hemaji should be declared elected.

5. The election petition came up for hearing before the 1st Civil Judge, Nagpur, and the Civil Judge held that Hemajis withdrawal application was a forged application and therefore his nomination was not validly withdrawn. The Civil Judge also held the other grounds urged in Hemajis election petition in his favour, and held that the applicant Sadasheo had incurred a disqualification within the meaning of Section 12 (3) (d) of the Central Provinces and Berar Municipalities Act, read with Section 15 (j) thereof and that therefore his election was void and ought to he set aside. The Civil Judge declared Hemaji as having been duly elected as a member for ward No. 8.

6. On behalf of Sadasheo, the applicant in revision, the finding as to the withdrawal of the nomination of Hemaji has not been challenged, but what has been challenged before me is the finding given that Sadasheo had incurred a dis-qualification for voting and so could not stand for election as a member and therefore his election was void.

7. In order to appreciate the contentions raised on behalf of the applicant it is necessary to state the relevant provisions of law. Section 12, Sub-sections (1) and (2), of the Municipalities Act prescribes the qualifications which entitle a person to vote at a municip