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1959 Supreme(MP) 339

N.M.GOLVALKER, P.V.DIXIT
Ramchander Bhagwandas – Appellant
Versus
Second Additional District Judge – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.P. Sen

ORDER

P.V. Dixit, C.J.

In this case the Petitioner seeks a writ of prohibition restraining the Second Additional District Judge, Raigarh, (opponent No. 1) from enquiring into and disposing of a petition filed by the second opponent Kishanlal under Section 20-A of the C.P. and Berar Municipalities Act, 1922, challenging the election of the Petitioner as a member from a ward to the Municipal Committee, Kharsia.

Section 20-A of the Act, so far as is material here, runs as follows:

(1) No election or selection notified under Section 20 shall be called into question except by a petition presented in accordance with the provisions of this section.

(2) Such petition shall be presented to the District Judge or Additional District Judge or to a Civil Judge especially empowered by the Provincial Government in this behalf within the local limits of whose jurisdiction the election or selection was held and no petition shall be admitted unless it is presented within fourteen days from the date on which the result of such election or selection was notified.

The petition, which Kishanlal, the defeated candidate, filed, was headed: "In the Court of the 1st Civil Judge, Raigarh, Election Petition under S





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