The first respondent thereupon filed the election petition out of which this appeal arises.
Appeal by special leave from the Judgment and Order dated the 7th September, 1955, of the Nagpur High Court, in Civil Revision No.
All the other candidates, including the appellant, filled in their forms as they stood and entered their caste and number their occupation.
294 of 1955.
The appellant secured the highest number of votes and was declared to be elected.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B. Tawakley, K. P. Gupta, with him for the appellant.
The respondents seven of them were also candidates.
The numberinations were made on forms supplied by the Municipal Committee but it turned out that the forms were old ones that had number been brought up to date.
The first respondent raised an objection before the Supervising Officer and companytended that all the other numberinations were s invalid and claimed that he should be elected as his was the only valid numberination paper.
He struck out the word caste in the printed form and wrote in occupation instead and then gave his occupation, as the new rule required, and number his 1031 caste.
S. Dabir and R. A. Govind, for respondent No.
The objection was overruled and the election proceeded.
833 of 1954.
He failed in the trial Court.
The Judgment of the Court was delivered by BOSE J. The appellant was a candidate for the office of President of the Municipal Committee of Damoh.
December 2.
Under the old rules candidates were required to give their caste, but on 23 7 1949 this was changed and instead of caste their occupation had to be entered.
The only person who kept himself abreast of the law was the first respondent.
