KANCHAN ALIAS SAVITRI MARCO Vs. KALAVATI UIKEY

JUDGEMENT

(1.) THIS is a revision by the returned candidate under Section 26 (2) of the m. P. Municipalities Act, 1961 (hereinafter to be referred to as the "act")against the order by which her election to the office of the President of Nagar panchayat, Baihar has been declared to be void and the non-applicant No. 1 has been declared to be duly elected. The petitioner herein has also been debarred to contest election for seven years.

(2.) IT is not in dispute that returned candidate Smt. Kanchan Marco was living in Village Harrabhat with her father. Her husband Bahadur Singh was also living there and practicing as a Doctor. Her name was included in the electoral role of Village Harrabhat as "savitri Marco" and it was at Serial no. 270 (Ex. P-8 ). The name of her husband was also included in that voter list at Serial No. 269. She was not named as "kanchan Marco" in the voter list of Harrabhat. She contested the election of the member of Janpad Panchayat, paraswara from Village Harrabhat in July, 1994 as "savitri Marco" and she was elected. She continued to hold that office for full term of five years. She was resident of that village up to July, 1999. She submitted an application on 22-10-1999 in the prescribed form 'ka' before the Electoral Registration officer to get her name included in the voter list of Ward No. 8 of Baihar Nagar panchayat. That application is Ex. P-3. She made a declaration in this application that she is living in House No. 40 of Ward No. 8 and she is ordinarily resident of that place. On this application the date 25-10-1999 was fixed for hearing before the Registration Officer. It is not known what happened on that date. But on the next day, ie. , on 26-10-1999 an order has been passed on the application that it has been accepted and the name of the applicant has been included in Municipal Electoral Roll of Baihar. The name "kanchan wife of B. S. Marco" was included in the Electoral Roll of Baihar at Serial No. 978. That is Ex. P-5. Thereafter, she submitted the nomination form for election to the office of the President of Nagar Panchayat, Baihar. The voting took place on 26-12-1999. The counting of ballot papers was done on 28-12-1999 and Smt. Kanchan Marco was declared elected on 3-1-2000.

(3.) THE case of election petitioner Smt. Kalavati Uikey in the election petition is that the name of the respondent No. 1 was never "kanchan". She continues to reside in Village Harrabhat and her name is included in the voter list of that village. She did not get her name deleted from that voter list. She continued to function as member of Janpad Panchayat, Paraswada in which Village Harrabhat is included up to 23-1-2000. She never resigned from the membership of the said Janpad Panchayat nor her resignation was accepted. She continued to participate in the meetings of the Janpad Panchayat up to 19-11-1999. According to the election petitioner the respondent No. 1 got her name changed to Kanchan Marco and by false representation and fraud got her name included in the Municipal Electoral Roll of the Nagar Parichayat. She is "ordinarily resident" of Village Harrabhat and therefore as per Section 30 (b) of the Act she could not be registered in the electoral roll of Ward No. 8 of Baihar.