JYOTI Vs. KUSMA DEVI

JUDGEMENT

(1.) The instant petition has been filed by returned candidate against the order dated 12.10.2018 passed by the Ist Additional District Judge, Kasganj in Election Petition No. 01 of 2017 by which amendment application 18-A2 filed by the election- petitioner (respondent) seeking amendment in the election petition has been allowed on costs of Rs. 5,000/-.

(2.) Briefly stated the facts giving rise to the present petition are that election for the post of Chairman, Nagar Panchayat Bilram, District Kasganj was notified. Pursuant to the notification, polling took place on 22.11.2017 and, after counting of votes, on 01.12.2017, the petitioner was declared elected. Within 30 days after the day of declaration of result, on 12.12.2017, the respondent, who was an unsuccessful candidate, filed Election Petition No. 01 of 2017. The election petition, as presented, neither sought relief to declare the election petitioner elected in the room of the returned candidate nor it impleaded other unsuccessful candidates as respondents in the election petition. The election petition, as presented, had only prayed that the election of the returned candidate be declared null and void and the post of Chairperson, Nagar Panchayat Bilram, District Kasganj be declared vacant.

(3.) To the said election petition, a written statement was filed by the petitioner taking various pleas. One of the pleas taken in defence was that the election petition as framed was not maintainable in view of the provisions of Section 20 (3) & (4) of the U.P. Municipalities Act, 1916 (for short 'Act, 1916'). It was claimed that as the election petitioner had not claimed that he be declared elected in the room of the person whose election was questioned and other unsuccessful candidates were not made party respondent, as required by sub-section (4) of section 20 of the Act, 1916, the election petition was not maintainable at the instance of the election petitioner alone and was liable to be rejected under section 22 (1) of the Act, 1916.