NATHTHUJI SON OF CHUNNI Vs. DISTRICT JUDGE BETUL

JUDGEMENT

(1.) THIS is a revision by the applicant arising out of the election petition relating to the election to the Municipal Council, Betul, from Pratap ward No. II being Miscellaneous Case No. 18 of 1978 against the order, dated 19-12-1978, of the Court of the District Judge, Betul. This revision is under section 26 of the Madhya Pradesh Municipalities Act, 1961 (for short here-in-after referred to as 'the Act' ).

(2.) THE short facts giving rise to this revision are these :-The general election for the constitution of Municipal Council, Betul was fixed on 15-7-1978. The Pratap Ward No. 11 was a reserved constituency. The applicant and the non-applicant No. 3 had filed their respective nomination papers for that election on 5-6-1978 and on 7-6-1978. On the date of scrutiny of the nomination papers, the Supervising Officer in exercise of his powers under Rule 13 (1) (v) of the Madhya Pradesh Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of councillors), Rules, 1962 (hereinafter referred to as 'the Election Rules')framed under section 29 of the Act, rejected both the nomination papers as invalid.

(3.) AGAINST the aforesaid rejection of his nomination papers, non-applicant No. 3, Gannu, had preferred an appeal to the Collector under rule 13 (2) (i) of the Election Rules, which was dismissed vide order dated 15-6-1978 of the Collector. From Pratap Ward No. 11 as only the applicant and respondent No. 3 had filed the nomination papers and both were rejected there being no duly nominated candidate for that Ward, the Collector in exercise of his powers under sub-rule (3) of Rule 14 of the Election Rules took steps to fill up the vacancy for notifying afresh programme of election for this ward. According to this programme, the election was held on 11-8-1978 in which the applicant was declared elected defeating non-applicant No. 3. This result of the election was duly notified in the Government Gazette on 1-9-1978 notifying that the petitioner was duly elected as Municipal Councillor for municipal Council from Pratap Ward No. 11. Thereafter the non-applicant no. 2, namely, Jagjit, filed the present election petition under section 20 of the Act in the Court of District Judge, Betul, challenging the election of the returned candidate on the ground that the nomination paper of non-applicant no. 3, Gannu for the earlier election which was scheduled to take place on 15-7-1978 was wrongly rejected; had the nomination paper not been rejected, the non-applicant No. 3 was entitled to be declared elected at that election from Pratap Ward No. 11 under Rule 14 (2) of the Election Rules and the election in question was not necessary.