SAROJA DEVI GUPTA Vs. ARUNA JAISWAL

JUDGEMENT

(1.) This revision petition has been preferred under Section 26(2) of the Chhattisgarh Municipalities Act, 1961 (henceforth "Act of 1961") calling in question the legality, validity and correctness of the order dated 24.12.2016 passed by the Additional District Judge, Pendra Road, Bilaspur in Civil M.J.C. No. 15 / 2015 whereby petitioner's election petition filed under Section 20 of the Act of 1961 has been dismissed finding no ground to set aside the election

(2.) The election for the post of President, Nagar Panchayat, Pendra, District Bilaspur was held on 31.12.2004, in which respondent No.1 was declared as returned candidate and the petitioner and respondents No. 2, 3 & 4 remained unsuccessful. The petitioner herein filed an election petition under Section 20 of the Act of 1961 calling in question the election of respondent No. 1 herein on the ground enumerated under Sections 22(1)(a) and 22(1)(d)(i) of the Act of 1961 before the Election Tribunal stating inter alia that Tahsildar, Pendra was not competent to issue caste certificate to respondents No. 1 to 4 herein and they were not eligible to contest the election for the post of President, Nagar Panchayat, Pendra and, therefore, election of the President of Nagar Panchayat, Pendra be set aside and the petitioner be declared as elected candidate.

(3.) Private respondents filed their written statement opposing the grounds urged in the election petition and supported the election and the result of the election declared by the Returning Officer.