TMI Blog1954 (11) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 a 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 the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icipalities 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 Municipality. Notification No. 65 L.S.G. issued on the 4th January, 1951, published rules made in exercise of the powers conferred by clauses (1) and (2) of sub-section (2) of section 387 of the Act called the Municipal Election Rules, 1950. Redistribution of wards was effected by Notification No. 167 L.S.G. dated the 10th January, 1951, and two Notifications Nos. 519 and 521 L.S.G. were issued on the 24th January, 1951, fixing the numbers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has received the assent of the Governor elections could be held under the Act but were only to take effect on the Act coming into force, which means the coming into force of the Act in such area or areas on such date or dates which the State Government might appoint from' time to time under section 1 (3) of the Act. There is thus contemplated under the very provisions of section 1 (5) the holding of elections under the Act in spite of the fact that the Act had not come into force in a particular area. Ordinarily the statute enacted by a State Legislature comes into force as soon as it receives the assent of the Governor. Section 1 (3) of the Act however postpones the commencement of the Act which means that section 1 (3) came into opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto force the disqualifications prescribed in section 16(1) of the Act would not normally attach to candidates for election. The election rules also would be framed in exercise of the power reserved under the Act and if the Act had not come into force much less could the election rules come into operation and bind the candidates. This argument could have availed the appellant if the State Legislature had not enacted section 1(5) of the Act and the defect could not have been cured by the provisions of section 23 of the Orissa General Clauses Act (Orissa Act I of 1937) which was relied upon by the respondent. That section only enables the making of rules or bye-laws or the issue of the preliminary orders in anticipation of the Act coming into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich object would certainly be thwarted if there arose a situation where there was a conflict between interest and duty. The possibility of such a conflict can be easily visualised, because if a Municipal Councillor is employed as a paid legal practitioner on behalf of the Municipality there is a likelihood of his misusing his position for the purposes of obtaining Municipal briefs for himself and persuading the Municipality to sanction unreasonable fees. Similarly, if he was acting as a legal practitioner against the Municipality he might in the interests of his client misuse any knowledge which he might have obtained as a Councillor through his access to the Municipal records or he might sacrifice the interests of the Municipality for thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and on the same footing as those which are covered by the legislation are left out would not render legislation which has been enacted in any manner discriminatory and violative of the fundamental right guaranteed by article 14 of the Constitution. The right of the appellant to practise the profession of law guaranteed by article 19(1) (g) cannot be said to have been violated, because in laying down the disqualification in section 16(1) (ix) of the Act the Legislature does not prevent him from practising his profession of law but it only lays down that if he wants to stand as a candidate for election he shall not either be employed as a paid legal practitioner on behalf of the municipality or act as a legal practitioner against the Munic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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