MANJU TOMAR Vs. ANJALI JAIN

JUDGEMENT

(1.) This Civil Revision is directed against the impugned order dated 12.5.2010 passed by the Court of A.D.J. Ambah in Misc. Case No. 3/10, returning thereby the Election Petition presented by the Respondent No. 1 with a direction that he would be entitled to the benefit of exclusion of time from 15.1.2010 to the date of impugned order under Section 14 of the Limitation Act.

(2.) Briefly stated relevant facts are that the revisionist has been elected as President of Municipal Council, Ambah on 15.12.2009. Respondent No. 1 presented the Election Petition under Section 20 of M.P. Municipalities Act, 1961 to the Court of A.D.J. Ambah to challenge the said election. Revisionist submitted an application under Order 7 Rule 11 Code of Civil Procedure that Ambah falls within the revenue district of Morena and therefore the Election Petition ought to have been presented to the Court of District Judge, Morena only. Accordingly, it was contended that the Court of A.D.J. at Ambah has no jurisdiction and Election Petition is liable to be dismissed. Application has been allowed by the impugned order. Learned A.D.J. Ambah directed for return of the Election Petition for being presented to the Court of D.J. Morena. Additionally, it is directed that the election Petitioner would be entitled to the benefit of Section 14 of Limitation Act 1963 by excluding the time from 15.1.2010 to the date of the impugned order on account of having been consumed in the Court of A.D.J. having no jurisdiction.

(3.) Shri Ajay Bhargava, learned Counsel for the revisionist and Shri Prashant Sharma, learned Counsel for the Respondent No. 1 made their respective submissions.