VIJAY VERMA Vs. KUSHAL PANDEY

JUDGEMENT

(1.) Invoking provisions contained in Section 26(2) of The Chhattisgarh Municipalities Act, 1961 (hereinafter called as 'Act of 1961') read with Rule 19(2) of The Chhattisgarh Municipalities (Election Petition) Rules, 1962 (hereinafter called as 'Rules of 1962'), the election petitioner, petitioner herein has preferred this revision calling in question the legality, validity and correctness of the impugned order dated 15.10.2015 passed by the District Judge, Bilaspur in M.J.C. No.114/2015 by which learned District Judge/Election Tribunal has dismissed the election petition instituted by the petitioner herein under Section 20 read with Section 22 of the Act of 1961 and declined to the election of respondent herein/Vice -President Office of Nagar Panchayat, Bodri District Bilaspur as null & void.

(2.) The aforesaid challenge has been made on the following factual backdrop: -

(3.) The election petitioner filed election petition under Section 20 read with Section 22 of the Act, 1961 before the Election Tribunal for declaring election of the respondent as null & void and for further declaration that one vote, which was declared invalid by the Presiding Authority, was cast in his favour and as per Rule 12 of the Rules, 1988, the procedure as mandated by Section 25 of the Act of 1961/or Rules of 1998 be followed and accordingly the election petition be allowed.