ANITA Vs. ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER was declared elected as chairman of Nagar Panchayat Bhokarheri, district Muzaffarnagar on 6-11-2006. Respondent No. 2, Smt. Bina was also contesting for the said post. She lost by a margin of about 640 votes. Respondent No. 2 filed election petition under Section 20 of U. P. Municipalities Act of 1960 against the petitioner challenging her election and seeking further relief that either she might be declared as chairman of the Nagar Panchayat or re-election might be directed (Annexure IV to the writ petition is the copy of the election petition ). The main ground taken in the election petition is that the writ petitioner i. e. elected candidate, opposite party in the Election Petition was under age as her date of birth according to her high school certificate was 18-6-1979 and on the date of nomination she was only 27 years and few months old while the minimum age prescribed is 30 years. Election petition is pending before A. D. J. Court No. 6, muzaffarnagar in the form of Election Petition No. 519 of 2006.

(3.) IN the Election petition, writ petitioner filed applications under Order VII, Rule 11, c. P. C. and Order VI Rule 16, C. P. C. The applications have been rejected through orders dated 29-1-2008, 23-10-2007 and 21-3-2007 copies of which are Annexures 1, 2 and 3. The said orders have been challenged through this writ petition. Through the first order dated 21-3-2007 application under order VII Rule 11, C. P. C. was rejected. In the said application the main ground taken by the writ petitioner was that the objection regarding her age was not raised before the Presiding Officer at the time of nomination or election. It was also stated in the said application that full particulars and material facts had not been mentioned in the Election Petition. In my opinion the court below rightly rejected the said application. In the Election Petition date of birth of the petitioner has been given. Thereafter, no further particular was required to be given. If a candidate is below the minimum prescribed age on the date of nomination then she is disqualified from contesting the election. The Election petition fully disclosed cause of action.