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PETITIONER: MANGOO SINGH
Vs.
RESPONDENT: THE ELECTION TRIBUNAL, BAREILLYAND OTHERS
DATE OF JUDGMENT: 17/09/1957
BENCH: DAS, S.K. BENCH: DAS, S.K. BHAGWATI, NATWARLAL H. GAJENDRAGADKAR, P.B.
CITATION: 1957 AIR 871 1958 SCR 418
ACT: Election dispute-Municipal election-Disqualification for membership-Arrears of tax-Payment after nomination but before poll-"For being chosen as", "Demand", meaning of-U. P. Municipalities Act, 1916 (U.P. 11 of 1916), ss. 13-D, cl. (g), 166, 168 U. P. Municipalities (Conduct of Election of Members) Order, 1953, para.22(2).
HEADNOTE: The appellant was elected to the Municipal Board under the U. P. Municipalities Act, 19i6. He was in arrears in the payment of Municipal tax in excess of one year’s demand, to which s. 166 of the Act applied, at the time of the filing of nominations, but made the payment before the date of the poll. Under section 13D, cl. (g) of the Act "a person shall be disqualified for being chosen as, and for being, a member of a board if he is in arrears in the pay- ment of Municipal tax or other dues in excess of one year’s demand to which s. 166 applies, provided that the disquali- fication shall cease as soon as the arrears are paid." On an election petition filed by a def...