MANGILAL Vs. SASHIKANT

JUDGEMENT

(1.) THIS revision under Section 26 (2) of the M. P. Municipalities Act, 1961 (for short 'the Act of 1961') is directed against the judgment dated 31-10-2001 passed by First Additional District Judge, Neemuch in Civil Misc. Case No. 10/2000.

(2.) THE brief facts of the case are that the present applicant/respon dent was elected as President, Nagar Panchayat, Jawad in a direct election held on 26-12-1999; the counting of votes was held on 28-12-1999 which was notified on 3-1-2000. The respondent who was also one of the voters in the said election has filed an election petition under Section 20 of the Act of 1961 challenging the election of the applicant as illegal and void on the ground of corrupt practice. The reply to the said petition was filed by the applicant, issues were framed, evidence was recorded and after hearing, the learned ADJ, neemuch allowed the election petition by order dated 31-10-2001 and quashed the election of the applicant as President of Nagar Panchayat, Jawad against which the applicant has filed this revision.

(3.) MAINLY it was stated in the original petition that in the election of the President of Nagar Panchayat the political parties have not participated whereas the election was held on non-political basis in which all the candidates were independent. It was further alleged that the applicant who was a returned candidate has adopted corrupt practices as has been defined under Section 28 of the Act of 1961. It was further alleged in the petition that between 23-12-1999 and 25-12-1999, the applicant/respondent personally went into all the wards of Jawad Nagar Panchayat along with Ghanshyam Patidar, a Minister in the State Cabinet, and gave temptation and appeasement that for the development of the Jawad Nagar Panchayat he will obtain special sanctions with the help of the State Government and that he shall also generate special funds for employment. The applicant/respondent is also alleged to have made an appeal that as he belongs to Dhakad Caste and around 2000 voters of this dhakad caste are living in the Nagar Panchayat Area, he would see that land is allotted for constructing a Dharmashala in the name of Dhakad community. It was further alleged that he made a systematic appeal to the members of the dhakad caste that he would legalise their encroachment which they have already made over a piece of land for construction of Dharmashala and that he would also see that the unemployed youth of Dhakad Samaj shall be employed.