RAJNI Vs. BABY KHATOON

JUDGEMENT

(1.) THIS civil revision petition has been filed by the petitioner under section 26(2) of the Municipalities Act, 1961 against the order dated 29.5.2012 passed by learned First Additional Judge to the First Additional District Judge, Shivpuri in election petition No.3/10 filed under Section 20 of the M.P. Municipalities Act, 1961 (for short "the Act of 1961") by respondent No.7 Smt. Chandra.

(2.) THE brief facts of the case are that petitioner is a winning candidate for the post of President of Nagar Panchayat Karera, District Shivpuri who had defeated respondent No.7 by 210 votes. After election, respondent No.7 filed an election petition under section 20 of the Act of 1961 mainly only the ground of corrupt practices were adopted by petitioner by making advertisement in the newspaper and by filing incorrect statement of expenditure incurred by her during election amongst other grounds. Petitioner has denied the grounds raised in the petition. Learned trial Court by impugned order set aside the election on the ground that the petitioner got printed the calender and posters, expenditure of which has not been mentioned in the statement of accounts which false within the category of corrupt practice under section 22(1)(b) of the Municipalities Act.

(3.) THE main question for deciding the petition is that whether learned trial Court is justified in passing the impugned order and giving findings of corrupt practice against the petitioner.