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1965 Supreme(MP) 9

HIGH COURT OF MADHYA PRADESH
P.V. DIXIT & S.B. SEN, JJ.
Shivkaran
Versus
Supervising Officer, Tahsildar Jaora
M. No. 40 of 1964
Decided On: 21.1.1965

Advocates:
Advocate Appeared:
For Petitioner: S.L. Garg.
For Respondent Nos.1 to 3:Balwant Singh, Government Advocate.
For Respondent No.4: K.A. Chitaley.

Headnote:(1) Municipalities (Preparation, Revision and publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962 (MP) – R.13–provisions of Rule 13 (1) (i) are mandatory–candidate not filling name of the ward–nomination paper liable to be rejected–the defect does not fall within R.13 (1) (iv)–words 'in accordance with Form IV'–import of.

       Rule 13 (1) (i) is mandatory when it lays down that the nomination paper shall be presented to the Supervising Officer on or before the date fixed for filing the nomination papers and between the prescribed hours and shall be completed in Form IV and subscribed in the manner laid down in the said rule. It is also plain from clause (v) (c) of rule 13 (1) that the Supervising Officer is competent to reject any nomination paper if there has been any failure to comply with clause (i) of rule 13(1).

       (Para 7)

       Rule 13 (1) (i) says that a nomination paper shall be completed in Form IV. It does not use the words "in accordance with Form IV". There is material distinction between the words "in accordance with Form IV" and "in Form IV". The nomination paper would be substantially in accordance with the prescribed form, if it does not depart from it in any material respect. But when the rule says that the nomination paper shall be completed in Form IV that means that the Form must be strictly and literally followed.

       The statement in the nomination form of the ward for which the nomination has been made is an essential part of the Form. AIR 1962 SC 1248 relied on.

       (Para 8)

       The description of the ward for which the candidate has been nominated with reference to the name of the ward is thus so much a characteristic of the Form as to make its omission fatal to its validity. When, therefore, the petitioners failed to give in their nomination papers the names of the wards for which they had been nominated, there was a total failure on their part to comply with an essential requirement of the nomination form. It is not that they described the names of the wards in some way but that description was in some respect defective. The utter non-compliance with the requirement of Form IV in giving the names of the wards from which the petitioners were seeking election clearly constituted non-compliance with rule 13 (1) (i). That being so, the Supervising Officer acted rightly in rejecting the nomination paper of the petitioners. AIR 1959 Assam 68, AIR 1958 Kerala 154, AIR 1956 SC 140, AIR 1960 SC 1049 & AIR 1961 SC 1125 referred to.

       (Para 9)

       (2) Municipalities (Wards) Rules, 1963 (MP) – R. 4–number and name of the ward–are distinct things–clear distinction exists between the two.

       The name of the ward is not the same thing as its number. This is clear from rule 4 of the Wards Rules of 1963, which says that "Each ward shall be known by the number given to that ward serially" and that "In addition a name to the ward shall also be given." This rule thus draws a distinction between the serial number of the ward and its name.

       (Para 9)

       

ORDER

P.V. DIXIT, J.

1. This order will also govern the disposal of Misc. Petitions Nos. 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 all of 1964.

2. The petitioners in these 14 applications under articles 226 and 227 of the Constitution seek writs of certiorari for quashing orders of the Supervising Officer of Jaora rejecting their nomination papers for election to the Jaora Municipality from different wards of the municipality. The orders of the Supervising Officer rejecting the nomination papers were upheld in appeal by the Sub-Divisional Officer, Jaora. The petitioners pray for the issue of writs of certiorari for quashing also the decisions in appeal of the Sub-Divisional Officer. They further pray that the Supervising Officer be directed to accept their nomination papers and declare them as having been duly elected from the wards concerned unopposed.

3. The nomination papers of all the petitioners were rejected by the Supervising Officer on a common ground, namely, that each of the petitioners had failed to give in his nomination paper the name of the ward from which he was seeking election; that be only mentioned the number of the ward and that thus there was non-compliance on the petitioners' part with clause (i) of rule 13 (1) of the Madhya Pradesh Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962, (hereinafter called the Rules). The Sub-Divisional Officer, Jaora agreed in appeal with the view taken by the Supervising Officer. The Supervising Officer also rejected the nomination papers filed by all other candidates, who sought election from the same wards as the petitioners, albeit on different grounds. After the rejection of the nomination papers of all the petitioners and of the respondent-candidates in each petition, a fresh programme for election of the Councillors from different wards of Jaora Municipality was notified by the Collector, Ratlam. As because of the rejection of all the nomination papers no election from any ward was held and no notification of election as required by section 45 of the Madhya Pradesh Municipalities, Act, 1961 (hereinafter called the Act), could be made, the remedy under section 20 of the Act of an election petition for calling into question any election was not available to the petitioners. They have, therefore, invoked the jurisdiction of this Court under articles 226 and 227 of the Constitution.

4. Before dealing with the contention advanced on behalf of the petitioners and the respondents, it is necessary to refer to the relevant provisions of Act and the Rules. Under section 29 of the Act, the State Government is required to divide the Municipality into wards and to define the limits of each such ward, subject to the Madhya Pradesh Municipalities (Wards) Rules, 1963, framed under the Act. Those rules lay down the mode of dividing a Municipality into wards and the procedure for the same. Rule 4 of the aforesaid Wards Rules of 1963, which is very material here, is as follows:–

"4. Name of ward–Each ward shall be known by the number given to that ward serially. In adition, a name to the ward shall also be given."

Rule 13 of the M.P. Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962, so far as it is material here, is in the following terms:–

"13. (1) (i) On or before the date fixed for filing nomination paper of candidates, each candidate shall, either in person or by his proposer or seconder, between the hours of 11 O' clock in the noon and 3 O' clock in the afternoon, deliver to the supervising officer a nomination paper completed in Form IV and subscribed by the candidate himself as assenting to the nomination and by two duly qualified voters of the ward proposer and seconder.

** ** ** ** **

(iv) (a) On presentation of a nomination paper, the supervising officer shall satisfy himself that the names and roll numbers of the candid

















































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