AIR 1936 BOMBAY 46

Bombay High Court

Hon'ble Judge(s): Beaumont , C.J. AND Blackwell , J

(A) Bombay City Municipal Act (3 of 1888) , S.28(k)— Election - Objections as to election involving question of law or of fact - Commissioner must decide all objections. There is nothing in sub-s. (k) of S. 28 which restricts the objections which the Commissioner is required to hear and decide to questions of fact. If questions of law or mixed questions of law and fact arise, and the Municipal Commissioner is not a lawyer himself, he must do the best he can, but he is not entitled to refuse to perform the duty imposed upon him by the Act by saying that he does not know the law and is not competent to perform the duty.(Para 47C2) (B) Bombay City Municipal Act (3 of 1888) , S.28(k)— Election - Objection to nomination is not objection to poll - Aggrieved parties - Remedy is provided by S.33. An objection, that a particular person's nomination is not valid, is not an objection to or regarding the poll, which the Commissioner is required to hear within the meaning of sub-s. (k) of S. 28 of the Act. The Commissioner, before deciding that a poll should be held, has to make up his mind as to the validity or invalidity of the nomination and that decision having been given by him before the poll is held, any question as to the validity or invalidity of....