ASHOK KUMAR JAIN Vs. NEETU KATHORIA

JUDGEMENT

(1.) Leave granted.

(2.) By means of this appeal, the appellant has challenged the order passed by the Division Bench of the Madhya Pradesh High Court setting aside the judgment and order of the learned Single Judge allowing the writ petition setting aside the election of Respondent 1 to the office of the Chairman of Krishi Upaj Mandi Samiti, Bina, District Sagar on the ground that she was not qualified to hold the aforesaid office.

(3.) The appellant challenged the election of Respondent 1 on the ground that she lacks the qualification of being a bhuswami in the area of Krishi Upaj Mandi on the relevant date as required under sub-sec. (1)(a) of Section 11-B of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 . The other qualification which is essential so as to be elected to any office of the Krishi Mandi is as prescribed in clause (2)(a) which requires that the name of the candidate should be included in the list of the voters of the market area and under clause (2)(b) one has to be an agriculturist. The case of the appellant was that Respondent 1 lacked all the abovenoted qualifications as the cut-off date relevant for the purpose of reckoning the abovenoted qualifications was 1-1-1999, which has been held to be so both by the learned Single Judge as well as by the Division Bench.