AZIZ KHAN Vs. AKRAM HUSSAIN

JUDGEMENT

(1.) This revision, under Section 26 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act ), has been preferred against rejection of the election petition on the ground that it does not disclose any cause of action. Corresponding order-dated 7.9.2010 passed in MJC No.8/10 by Third Additional Sessions Judge, Begumganj, Distt Raisen is the subject matter of challenge.

(2.) The petitioner, an elector of Ward No.1 of Municipal Corporation, Begumganj, called in question election of respondent no.1 to the seat of Councillor representing the Ward on the grounds specified in Section 22(a) and (d)(i) of the Act.

(3.) According to the petitioner, the respondent no.1 was disqualified for election as Councillor by virtue of Section 35(j) of the Act in view of the fact that he was member of a Society namely Haddi Evam Chamra Udyog Shahkari Samiti, Begumganj against which a sum of Rs.1,05,739/- payable to the Municipality, was outstanding. Moreover, nomination paper of the respondent no.1 was improperly accepted as the affidavit filed in support thereof contained incomplete information as to his criminal antecedents.