Sample Form

In the High Court of Judicature at ………………..

Civil Writ Petition No……… of……..

Name and Address :……………………………………			Petitioner,

versus

(1) State of………….					   
(2) Address:………………………….		   
(3) Name & Address:……………………		   
(4) Name & Address:……………………		   			Respondents.
(5) Name & Address:……………………		   
(6) Name & Address:……………………		   
(7) Name & Address:……………………		   
(8) Name & Address:……………………		   

Petition under Art. 226 of the Constitution of India for issue of a writ of certiorari and other directions if necessary

The petitioner abovenamed states as under :

1. That the petitioner, respondents Nos. 2 and 3 and 12 other persons are the members of the Municipality of ………….. inclusive of respondents 4 to 8.

2. That the election of the President of the said Municipality was schedule to be held on……………. according to the rules prescribed in this behalf.

3. That the petitioner and respondent No. 2 were the competing candidates for the said office of President.

4. That at this election so held on ………… each of the candidates got 7 votes, lots were drawn and they went in favour of the petitioner who was accordingly declared to have been elected President.

5. That thereupon respondents 2 to 8 filed an appeal before the Deputy Commissioner…………. under Rule………. framed under Section……….. of Act………… of………. and notified as No……….. dated …………

6. That the main allegation in the said appeal was to the effect that respondent No. 3 was removed by force on the night of………….. and kept away from the place where the election took place with a view to prevent him from exercising his vote and that this was done at the instance of the petitioner as it was known that the said member (respondent No. 3) would exercise his vote in favour of respondent No. 2 and that his vote would have resulted in the success of respondent No. 2 since the two candidates had (without reckoning the said vote) obtained an equal number of votes.

7. That the Deputy Commissioner remitted the matter for inquiry to the Sub-Divisional Officer and after receipt of the records of the inquiry reported the proceedings together with his opinion to the Government through the Commissioner for Local Self-Government. The election petition was heard on ……….. by the Minister of Local Self-Government, both parties being represented by their counsels.

8. That on ………………. the Minister visited………….. and met most of the councilors of the Municipality of ………. in the absence of each other and the petitioner was not apprised of the subject-matter of such interviews of the Minister with each of the councilors.

9. That on ………….. orders were passed holding that respondent No. 3 had been wrongly prevented from exercising his vote at the presidential election and that there had been no free and fair election and declaring the election of the petitioner as President invalid and directing a fresh election to be held.

10. That the order of the Government, dated…………… declaring the election of the petitioner as President of the Municipality of …………. as invalid is illegal and ultra vires and without jurisdiction for the following reasons :

(i) A decision on an appeal petition questioning the election of a candidates as President of a Town Municipality is clearly of judicial character;

(ii) In any event principles of a judicial approach are required to be followed in arriving at a decision in such an appeal;

(iii) One of the unchallenged principles is that the parties affected must be apprised of the material appearing against them and must be given a chance of meeting it or having their say about it.

(iv) The procedure employed by the Minister in interviewing each of the members separately precluded the possibility of the affected parties knowing what the material gathered by the Minister was …………...

(v) The petitioner was not apprised of such material.

(vi) After the Minister's inquiry the petition was not posted for hearing arguments again before the order dated………… was passed by Government.

(vii) Petitioner had, therefore, no opportunity whatever of acquainting himself with the material, if any, against him, resulting from the Minsiter's inquiry which he had to meet.

(viii) A decision based on material gathered behind the back of the party affected is opposed to principles of natural justice.

11. It is, therefore, prayed that a writ of certiorari be issued quashing the order No………… dated………….. declaring the election of the petitioner as President of the Town Municipal Council, …………… to be invalid. Tht a direction be issued to the Government………. to take up the appeal petition from the stage of arguments heard on…………….. and dispose it of according to law.

N. B. - An affidavit in support of the petition is also filed herewith.

Dated ………………..

(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.