Redistribution of wards was effected by Notification No.
167 L.S.G. dated the 10th January, 1951, and two Notifications Nos.
The 15th March, 1951, was fixed as the date for filing the numberinations and the 25th March, 1951, for scrutiny of numberination papers.
It shall companye into force in such area or areas on such date or dates as the State Government may appoint from time to time Any numberification, order or rule and any appointment to an office, may be made or election held under this Act, after it shall have received the assent of the Governor and shall take effect on this Act companying into force.
519 and 521 L.S.G. were issued on the 24th January, 1951, fixing 1007 the numbers of Councillors and of the reserved seats for each Municipality.
Appeal under article 132 1 of the Constitution of India from the Judgment and Order, dated the 18th April, 1951, of the High Court of Judicature for the State of Orissa at Cuttack in Judicial Case No.
The 20th April, 1951, was the date fixed for the holding of the election.
81 of 1953.
Porus A. Mehta and P. g. Gokhale for the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
November 25.
The Judgment of the Court was delivered by BHAGWATI J. The appellant who is a legal practitioner residing within the limits of the Kendrapara Municipality and practising as a mukhtar in the criminal and the revenue Courts there filed his numberination paper for election as a Councillor of the Municipality on the 15th March, 1951.
This petition was rejected by the High Court but the High Court granted the appellant a certificate under article 132 1 of the Constitution for leave to appeal to this Court.
60 of 1951.
The Orissa Municipal Act, 1950 Orissa Act 23 of 1950 was passed by the local Legislature and received the assent of the Governor on the 7th November, 1950, and was published in the official gazette on the 11th November, 1950.
J. Umrigar, Sri Narain Andlay and Rajinder Narain for the appellant.
The appellant then filed on the 4th April, 1951, a petition before the High Court of Orissa under article 226 of the Constitution praying that a writ or order of prohibition be issued to the State Government and the Election Officer restraining them from holding the election to the Kendrapara Municipality under the Orissa Municipal Act, 1950 or the Municipal Election Rules, 1950.
That numberination paper was rejected by the Election Officer on the 25th March, 1951, on the ground that he was employed as a legal practitioner against the Municipality in a case U S 198 of the Bihar and Orissa Municipal Act which was pending in the Sub Divisional Magistrate Court.
