LATA MISHRA Vs. DISTRICT ELECTION OFFICER , REWA

JUDGEMENT

(1.) : This appeal is directed against an order dated 9.1.2013 passed in W.P.No.159/2013 by the writ Court, by which writ petition preferred by the appellant against an order dated 21.11.2012 Annexure P-11 of the District Judge, Rewa, by which the election petition filed by the petitioner bearing No.2/2010 was dismissed because of non compliance of section 441(3) of the M.P.Municipal Corporation Act, 1956.

(2.) The default on the part of petitioner was that the petitioner had not deposited requisite amount alongwith Election petition which was Rs.250/-, but had deposited Rs.100/- after the expiry of period of filing of election petition, that is 30 days from the date from which the election was notified in the Gazette.

(3.) The learned Election Tribunal had found that the election petition was not maintainable because of non-compliance of sub-clause (2) of sub-section (3) of section 441 of the M.P.Municipal Corporation Act, 1956 (hereinafter referred to as 'Act' for short).