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1961 Supreme(MP) 19

P.V.DIXIT, T.C.SHRIVASTAVA, K.L.PANDEY
BALLABH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
R.J.BHAVE, Y.S.DHARMADHIKARI

DIXIT, C. J.

( 1 ) I agree with the construction that has been put on Sections 15 (1) and 22 (2) of the C. P. and Berar Municipalities Act, 1922, by my learned brother Shrivastava, J. I would only add a few observations on the decisions in Bikulal v. State of M. P. , ILR (1953) Nag 245 : (AIR 1953 Nag 125) and K. C. Shanna v. Ramgulam Choubey, ILR (1954) Nag 571 : (AIR 1954 Nag 255 ). Bhikulal's Case ILR (1953) Nag 245 : (AIR 1953 Nag 125) dealt with the question of the president of a municipal committee incurring a disqualification under Section 15 (1) read with Section 22 (2) because of the vice-president of the municipal committee purchasing cloth from a shop belonging to the president It was held on the basis of Tranton v. Astor (1917) 33 TLR 383, that such a purchase transaction did not amount to a contract entailing a disqualification as contemplated by Section 15 (1) of the Act. In the other case the question that was considered was whether a person was eligible lor election as president of a municipal committee because he held a lease of certain municipal land and also entered into a contract of lease with the municipal committee in respect of certain other land. It was rul































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