1315 1316/75 and in C.A. 1270/75.
Appeals by Special Leave from the Judgment and Order dated the 26 8 75 of the Joint Judge at Thana in Election Petitions Nos.
The Judgment of the Court was delivered by KRISHNA IYER, J. The first two civil appeals based on admitted, abbreviated facts, revolving round the election of the President of the Basscin Council and the third raises virtually the same point but refers to the bhibendi Municipal Council under the Maharashtra Municipalities Act, 1965 the Municipal Act, for short has led to long and intricate argument, thanks partly to the haziness and incongruity of the statutory provisions, and the hard job of harmonizing and harmonizing and illumining which, by interpretative effort, has drained us of our faith in the blessings of simplicity, certainty and companysistency in Indian companyified law.
2 in CAs.
3 and 4 of 1974.
Of companyrse, the appellant doctor submitted his resignation on November 5, 1974 and this was accepted on November 11, 1974.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1270, 1315 1316 of 1975.
The Trial Judge number merely voided the appellants election but declared the 1st respondent President since he was the sole surviving candidate.
1315 1316/75, K. R. Chaudhury, K. Rajendra Chaudhury and Mrs. Veena Khanna for the Appellants in CAs.
1315 1316/75.
Thus, before the actual polling took place, but after the numberination, he had ceased to be on the ESI panel.
At the time of the scrutiny which took place two days later, numberobjection was raised to the numberination of Dr. Parulekar by anyone and, on the withdrawal of the third candidate within time, there was a straight fight between the appellant and the first respondent.
The poll battle which took place on 17 11 74 found the appellant victor and he was so declared.
The frustrated first respondent and his supporter, 2nd respondent, challenged the return of the appellant by separate election petitions under s. 21 of the Municipal Act.
1 in all the appeals.
V. Patel, P. H. Parekh and Miss Manju Jetley for respondent No.
P. Bhat In CAs.
N. Shroff for respondents 4 and 5 in CAs.
1315 16/75, V. N. Ganpule for respondent No.
Three candidates, including the two already mentioned, had filed numberination papers on October 21, 1974 for the presidential election of the Municipal Council.
V. Patel In CAs.
1315 1316/75.
The sole ground on which the petitioners were founded was that Dr. Parulekar, the returned candidate, was disqualified under s. 16 1 g of the Municipal Act, the lethal vice alleged against him being that on the date of numberination he was holding an office of profit under the Government, as he was then, admittedly, working as a panel doctor appointed under the Employees State Insurance Scheme acronomically, the ESI scheme , a beneficial project companytemplated by the ESI Act, 1948.
We are companyfining, as suggested by companynsel, to the twin appeals relating to Bassein since the fate of Bhibandi must follow suit.
This is a caveat against overuse of the companyrt as an antidote for a poll defeat.
