BERI, J.—By his order 9th March, 1971, the learned Civil Judge, Ajmer, has rejected the Municipal Election Petition of Madan Gopal Gupta because it was not presented to the District Judge himself but to the Musarim of that Court. Madan Gopal Gupta, the petitioner, appeals.

2. The facts, which it is necessary to notice for the disposal of this appeal, briefly stated are these: Dr. Leela Ram, respondent No. 1, was elected as a member from Ward No. 17 to the Ajmer Municipal Council and the petitioner and the respondents Nos. 2, 3, 4 and 5 were defeated. The election took place on 25-10-70 and the counting was made on 26-10-70 and on the same day the result was declared. A petition challenging the election was submitted on 25-11-70 before the Munsarim of the District Judge, Ajmer. By his order dated l9-1-1971 the petition was transferred to the Civil Judge, Ajmer An application was made by the respondent No. 1 on January 2, 1971, in which the respondent No.1 raised the grounds that the election petition was neither presented by the proper person nor before the appropriate authority as required by S. 36 of the Rajasthan Municipalities Act, 1959 (hereinafter called "the Act"). The learned

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