JAGDISH KAPOOR Vs. DILIP ALIAS BANTI NAGORI

JUDGEMENT

(1.) THIS order shall govern disposal of both the revisions as they have arisen out of the same judgment delivered on 7/12/10 by First Additional District Judge, Burhanpur in Misc. Judl. Case No. 1/2010.

(2.) JAGDISH Kapoor, the petitioner in Civil Revision No.522/2010, is the Returned Candidate whose election to the Seat of Councilor of Ward No.6 of Municipal Corporation, Burhanpur has been set aside on the ground that he was not having the requisite qualification within the meaning of Section 11 (5) of M.P. Municipal Corporation Act, 1956 (for short "the Act") for contesting on the Seat that is reserved for OBC candidate of Madhya Pradesh whereas the petitioner in Civil Revision No.15/2011 namely Dilip alias Banti Nagori (hereinafter referred to as 'Dilip') is the sole rival candidate who, while challenging the validity of the Election, has also prayed for a further declaration that he himself stands duly elected.

(3.) AS explained by a Constitution Bench in Vishwanatha Reddv v. Konappa Rudravva Nadeouda AIR 1969 SC 604 -