Gurcharan Das vs Har Sarup - 1912 Supreme(All) 277

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1912 Supreme(All) 277

KARAMAT HUSAIN, TUDBALL
Gurcharan Das – Appellant
Versus
Har Sarup – Respondent

JUDGMENT

1. This was a suit instituted in the Court of a Munsif for a declaration that a certain Municipal election was invalid. The learned Munsif decided that he had no jurisdiction to entertain the suit. There was an appeal to the learned Additional District Judge of Meerut who came to the conclusion that the Munsif had jurisdiction to try the suit and remanded the case to his Court for trial on the merits. An appeal is preferred to this Court from the order of remand, and the contention of the learned Counsel for the appellant is that u/s 187 of the Municipalities Act I of 1900, a previous publication of the rules finally made by the Local Government is a condition precedent to the validity of such rules. His contention is that the draft of these rules was published in the Local Gazette of these Provinces on the 27th of February 1909, and that in that draft. Rule No. 39 ran as follows: "The validity of an election may be questioned by a petition to the District Magistrate on the ground, etc.," that when that rule was published in the official Gazette of these Provinces on July the 30th, 1910, it assumed the following form: "Rule 42 Clause (1): The validity of an election made in

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