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1954 Supreme(Nagpur) 56

MUDHOLKAR, DEO
MATHURA PRASAD – Appellant
Versus
CHIEF EXECUTIVE OFFICER, JANAPADA SABHA, BEMETARA – Respondent


Advocates Appeared:
B R Mandlekar, H L Khaskalam, M N Phadke, R M Hajarnavis, T P Naik, Advocates

JUDGMENT

Mudholkar, J—This is a petition under Articles 226 and 227 of the Constitution in which the petitioners challenge the validity of the elections of the respondents 2 to 29 to the Janapada Sabha of Bemetara on the ground that a fresh electoral roll had not been prepared as required by law. In Miscellaneous Petitions Nos. 30/54, 46/54 and 59/54 an objection has been taken to the electoral rolls on the basis of which the elections were to be held at other places. As the point involved in these three cases is identical with the one raised in this case they were all heard together and will be decided by this order.

2. In order to appreciate the significance of the grounds taken by the petitioners it is necessary to refer briefly to the relevant provisions of the Central Provinces and Berar Local Government Act, 1948, under which the elections have recently been held all over the State of Madhya Pradesh, except in a few cases where they have been stayed by the order of this Court. We also think it useful to refer to the course of events since the passing of the Local Government Act to the date finally fixed for holding elections.

3. The Local Government Act received the assent of th














































































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