INDRAJEET SINGH Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THIS revision under Section 26 of the M. P. Municipalities Act, 1961 (hereinafter referred to as the "act" for convenience), is directed against the order dated 14-10-2000, passed by ADJ, Beohari in Election Case No. 1/2000, whereby the election of the petitioner Indrajeet Singh to the post of Councilor, Nagar Panchayat Jai Singh Nagar was set aside.

(2.) THE petitioner Indrajeet Singh and respondent Jagdish Prasad were the contestants of the election of Nagar Panchayat, Jai Singh Nagar, held in December, 1999. Petitioner Indrajeet Singh submitted nomination form from Ward No. 9. At the time of scrutiny, the respondent Jagdish Prasad raised an objection to the validity of the nomination of petitioner Indrajeet Singh. It was submitted that petitioner Indrajeet Singh has entered into a contract of supply of building materials to Nagar Panchayat, Jai Singh Nagar and is in arrears of dues. Ignoring the objection aforesaid, petitioner's nomination was accepted. Petitioner-Indrajeet Singh was declared elected by a margin of 8 votes. Respondent Jagdish Prasad submitted Election Petition under Section 20 of the Act stating inter alia that the petitioner was a contractor with the Nagar Panchayat, Jai Singh Nagar and as per audit report, a huge sum is recoverable from him. As such, nomination should not have been accepted. On the basis of improper existence of nomination of the petitioner his election must be declared void under Section 22 of the Act. The petitioner resisted the election petition and stated that on the date of submission of nomination form, he was not having contract with the Nagar Panchayat, Jai Singh Nagar. No dues certificate has been issued to him on 3-12-99 certifying that he is not in arrears of any dues of Nagar Panchayat. No objection as to nomination was ever raised by respondent-Jagdish Prasad. Issuance of the demand notice by Nagar Panchayat after the election, is a malafide act and the election of the petitioner was not void, as stated.

(3.) THE Court below has recorded a finding that there was contract between the petitioner and Nagar Panchayat, Jai Singh Nagar. As per the terms of contract as on the date of nomination, the contract was not concluded and the amount payable under it was even paid to him by delivery of cheques on 7-1-2000, 9-2- 2000, respectively. Therefore, treating the nomination of the petitioner being improperly accepted, set aside the election vide impugned order dated 14-10-2000.