1974 Supreme(Raj) 128
Rajasthan High Court
Modi, J.
Firoj Jal Moti Shaw - Appellant
Versus
Jagdish Prasad - Respondents
S.B. Civil Misc. Appeal No. 22 of 1974
Decided On : September 30, 1974
J.K. Singhi, for Appellant; N.M. Lodha for Respondent
Headnote:Municipalities Act, Secs. 26(12) and 34—Interest must be direct in the terms of Contract itself and not merely sympathetic or sentimental interest.
1. Whether the non-applicant No. 1 was disqualified to stand for the election in lieu of sec 26(12) of the Rajasthan Municipalities Act, 1959 ?
2. Whether the applicant proves that there was a pact between the non-applicants to fight the election and for this reason the election of the non-applicants is void ?
3 Whether the non-applicant No. 1 used corrupt practices in the election as stated in para 4 of the election petition ?
4. Whether the statement (speech) of Shri Khet Singh amounted to a corrupt practice in relation to the congress candidate (non-applicant no. 2) as well as non-applicant No. 1, and if so, on that ground the election of the non-applicants could be declared invalid ?
5. Whether the election petition is without time ?
6. Whether the court has jurisdiction to hear the petition ?
7. Relief?
On a consideration of the evidence led by the parties, the learned Civil Judge found issue no. 1 in favour of the respondent. He held that the appellant being admittedly an employee of the Company had both direct and indirect interest in the contract between the Municipality and the Company. He was therefore declared disqualified under sec. 26(12) of the Act from contesting the election. Issues No. 2, 3 and 4 which related to the various allegations of corrupt practices were found against the respondent. Issues Nos. 5 and 6 were found in favour of the respondent. The learned Civil Judge, in the result, in view of his finding on issue No. 1 partly allowed the election petition and declared the election of the appellant void. Dissatisfied with the said order, the appellant has preferred this appeal.
2. The main controversy in the present appeal centres round to the first issue relating to the question whether the appellant was disqualified for being chosen as a member of the Municipality under sec. 26(12) of the Act. In order to appreciate the point involved in the right perspective, it is necessary to narrate some facts which are no longer in dispute. It is an admitted case of the parties that at time of the filing of the nomination papers so also at the time of the scrutiny and on the date of the election, the appellant was holding the post of Engineer-in-charge of the Company. During the relevant period he was operating the account of the Company and was looking after all the affairs of the Company. The Company commenced supplying electricity to the Municipality under an agreement entered into in the year 1939. This agreement was for a period of 30 years. On the expiry of period of 30 years, another agreement was entered into on 26-11-69 for a further