AMIT KUMAR SHARMA Vs. MADANLAL

JUDGEMENT

(1.) BEING aggrieved by the order dated 13/07/10 passed by District Judge, Neemuch in Election Petition No.02/10 whereby the application filed by the petitioner under Order VII Rule 11 CPC for dismissing the Election Petition filed by respondent No. 1 was dismissed, present petition has been filed.

(2.) SHORT facts of the case are that the respondent No. 1 filed an Election Petition under Section 20 of M.P. Municipalities Act, 1961 (which shall be referred hereinafter as an "Act") on 02/02/10 alleging that the election of Councilor of Ward No.30 at Neemuch was solemnized on 11/12/09, in which respondent No.1 and petitioner were the candidates alongwith others. It was alleged that in the said Election respondent No.1 secured 153 votes, while petitioner secured 211 votes. It was alleged that the petitioner has won the election by adopting the corrupt practice, therefore, the Election of the petitioner be declared void. After services, an application was filed by the petitioner under Order VII Rule 11 CPC, wherein it was alleged that since the Election Petition filed by the respondent No.l does not disclose the material fact relating to the corrupt practice adopted by respondent No. 1, therefore, the petition be dismissed. The said application was opposed by the petitioner. After hearing the parties, the said application was dismissed, against which present petition has been filed.

(3.) IN view of the aforesaid position of law, objections raised by the respondent No.1 regarding maintainability of the application filed by petitioner under Order VII Rule 11 CPC can not be allowed to sustained and the same stands rejected.