RAM SWAROOP SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition, under Article 226 of the Constitution.

(2.) THE Municipality of Mungaoli is a class III municipality. The Municipal Council mungaoli was dissolved on 28-9-1967 and non-petitioner No. 3 was appointed as administrator thereof. Subsequently, general elections were held in the year 1970 and non-petitioners 4 to 7 were elected as members of the council from ward Nos. 1, 3, 5, 6 and 9. Petitioners 1 to 5 are the residents of wards 1, 3, 5, 7 and 9 respectively and they have filed this petition challenging the election of non-petitioners 4 to 8 on the ground that the electoral rolls were not revised within 6 months of the election as required by Sub-section (3) of Section 32 of the M. P. Municipalities Act, 1961 (hereinafter referred to as the Act ). It is urged that the election of the non-petitioners is illegal and liable to be set aside as the electoral rolls were not prepared according to law and the applicants and many others were deprived of their right to vote as they could not get their names entered in the rolls in time.

(3.) THE non-petitioners have contended that the electoral rolls were duly revised within the period prescribed by law, and, therefore, the elections are perfectly valid. It has also been urged that the petition is not maintainable as the proper remedy for the petitioners was to file an election petition,