JAIPAL SINGH Vs. MAHENDRA SINGH YADAV

JUDGEMENT

(1.) The petitioner has filed this petition against the order dated 27.10.2005, Annexure P-1.

(2.) An election to the post of President, Municipal Council, Ashoknagar. District Guna, was held on 22.12.1999. After counting of votes the petitioner was declared elected as President of the Municipal Council, Ashoknager on 27.12.1999. Thereafter, respondent No.1 filed an election petition on 03.02.2000 questioning the election of the petitioner under Section 20 of the M.P. Municipalities Act, 1961. Respondent No.5 was also added as respondent in the aforesaid election petition because he was also a contesting candidate to the post of President. In the aforesaid election, the petitioner received 11, 125 votes, Mr. Neelam Singh Yadav, respondent No.2 received 8501 votes and Mr. Girish Chand Patwa respondent No.5 received 435 votes.

(3.) After receiving notice, the respondent No. 5 filed a recrimination claim petition. The trial Court vide order dated 08.05.2000 rejected the recrimination claim filed by respondent No.5. Against the aforesaid order respondent No. 5 filed a petition before this Court, which was registered as Writ petition No.1118/2000. This Court vide order dated 07.01.2003 allowed the writ petition and held that the recrimination claim filed by respondent No.5 was maintainable. Against the aforesaid order passed by the leaned Single Judge of this Court a Letters Patent Appeal No.18/2003 was filed by the present petitioner. That appeal was disposed of by the Division Bench of this Court with the following directions.