1974 Supreme(Raj) 128
MODI
Firoj Jal Moti Shaw – Appellant
Versus
Jagdish Prasad – Respondent
Advocates Appeared:
J.K. Singhi, for Appellant; N.M. Lodha for Respondent
MODI, J.—Appellant Firoj Jal Moti Shaw and respondent Jagdishprasad were candidates for the general seat from ward no. 6 for election as members to the Mourn Abu Municipality, Mount Abu, hereinafter to be referred to as the municipality. From the same ward, Bala was candidate for the reserved seat. The elections took place on 25-10-70 and the appellant and Bala were declared duly elected from W. No. 6 for the general and reserved seats respectively. The respondent who secured less votes than the appellant, presented an election petition under sec 34 of the Rajasthan Municipalities Act, 1959, hereinafter to be referred as the Act, calling in question the election of the appellant as also of Bala on the ground that both of them were guilty of corrupt practices. An additional ground was also taken by the respondent that the appellant was disqualified for being elected as member by reason of Clause (xii) of sec. 26 of the Act. It was contended that the appellant on account of his being sarvesarva (a!l-in all) employee of the Mount Abu Electric Supply Company, Mt. Abu, hereinafter described as the Company, had direct or indirect interest in the contract for the supply of electricity ent
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