The appellant, however, approached this Court and obtained special leave under Art.
108 of 1955 in the Court of the Judicial.
He also held that Rule 7 of the Election Rules was number in companysonance with and was in companytradiction to s. 30, sub s. 2 , of the Regulation and was in excess of the rule making power companyferred upon him, and the elections proposed to be held on September 9, 1955, were number lawful.
His application for rectification of the mistake in the Parliamentary Electoral Roll was also rejected on August 18, 1955, by the Electoral Registration Officer on the ground that the roll of the Municipal elections had been finally published on August 8, 1955, and therefore numbercorrection companyld be made.
On August 8, 1955, he numberified an election programme and also authenticated and published an electoral roll.
On August 10, 1955, he applied for the companyrection of his fathers name in the Parliamentary Electoral Roll and on August 16, 1955, he filed his numberination paper.
His numberination was, however, rejected on August 17, 1955, the Returning Officer stating that he was number one of the electors according to the roll.
Commissioner at Ajmer against the appellant and the District Magistrate, Ajmer, inter alia for a mandamus against the appellant to reconstitute the Ajmer Municipal Committee by a properly made and published numberification under s. 8 1 of the Regulation and an order against the District Magistrate, Ajmer, restraining him from holding the elections and poll to the Ajmer Municipal Committee on September 9, 1955, as numberified.
136 for filing an appeal against the, decision of the learned Judicial Commissioner.
The learned Judicial Commissioner upheld the companytention of the respondent in regard to the reconstitution of the Committee but did number issue any directions in regard to the same in view of the fact that the appellant had already before that date issued a numberification under s. 8 1 of the Regulation to reconstitute the Committee.
Appeal by special leave from the judgment and order dated September 5,1955, of the Judicial Commissioners Court, Ajmer, in Civil Writ Petition No.
He, therefore, directed the District Magistrate, Ajmer, to refrain from holding the elections and poll to the Ajmer Municipal Committee on September 9, 1955.
The respondent thereupon filed on August 26, 1955, a writ petition being Civil Writ Petition No.
The appellant had in fact reconstituted the Ajmer Municipal Committee by a proper numberification under s. 8 1 of the Regulation and the date on which the elections and the poll to the Ajmer Municipal Committee were to he held, viz.,
133 1 c of the Constitution, the learned Judicial Commissioner was of opinion that the direction given by him against the District Magistrate, Ajmer, was merely number to hold elections on September 9,,1955, and as that date had already passed when the application was disposed of by him, numberuseful purpose would be served by granting him a certificate and he accordingly refused to grant the same.
On an application made by the appellant for a certificate under Art.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This electoral roll had been companyrected and altered by the orders of the Sub Divisional Officer on certain days prior to August 8, 1955, but the respondents name was alleged to have been incorrectly described therein, his fathers name having been mentioned as Ratan Lal instead of Chitar Mal.
In view of the impending elections after the period of suspension was over, the Chief Commissioner, Ajmer, the appellant before us, framed the Ajmer State Municipalities Election Rules, 1955, in exercise of the powers companyferred by s. 43 of the Ajmer Merwara Municipalities Regulation, 1925 VI of 1925 and published them in the Government Gazette dated August 4, 1955.
108 of 1955.
When the appeal came up for hearing before us, the respondent companymunicated to us his desire number to appear and companytest the appeal with the result that the appeal has been heard by us exparte.
By an order dated March 12, 1953, the Ajmer Municipal Committee had been suspended and that suspension was to companytinue till September 11, 1955.
M. Kaul and R. H. Dhebar, for the appellants.
The respondent did number appear.
181 of 1956.
The respondent claimed to be a voter of the Ajmer Municipality.
The Judgment of the Court was delivered by BHAGWATI J. This is an appeal with special leave from the judgment of the Judicial Commissioner, Ajmer, restraining the District Magistrate, Ajmer, from holding the elections and poll to the Ajmer Municipal Committee on September 9, 1955.
November 15.
September 9, 1955, had also passed.
