T.L. Venkatarama Aiyyar JUDGMENT
N.H. Bhagwati, J.
1. 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 nomination paper for election as a Councillor of the Municipality on the 15th March, 1951. That nomination 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 case U/S 198 of the Bihar and Orissa Municipal Act which was pending in the Sub-Divisional Magistrate Court. 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. This petition was rejected by the High Court but High Court granted the appellant a certificate under article 132(1) of the Constitution for leave to appeal to this Court.
2. 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. Section 1 of the Act runs as under :-
(1) This Act may be called the Orissa Municipal Act, 1950.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force in such area or areas on such date or dates as the State Government may appoint from time to time
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(5) Any notification, 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 coming into force.
3. Section 16 of the Act prescribes the disqualifications of candidates for election and provides :-
(1) No person shall be qualified for election to a seat in a Municipality, if such person.........
(ix) is employed as a paid legal practitioner on behalf of the Municipality or as legal practitioner against the Municipality........
4. On the 11th November, 1950, the Secretary to the Government, Local Self-Government Department addressed to all District Magistrates of the State letter No. 1336/L.S.G. intimating that the Government had decided that general elections should be held on the basis of adult suffrage as provided in the Act in 12 Municipalities including the Kendrapara Municipality. Notification No. 2015 L.S.G. was issued on the 13th December, 1950, under section 13 read with section 1(5) of the Act fixing the 1st day of March, 1950, as the relevant date for voters in the election as regards their residential qualification in the Municipal........