REKHA CHOUDHARY Vs. SUMAN AHIRWAR

JUDGEMENT

(1.) Both civil revisions are connected with the common judgment passed by the learned District Judge, Sagar in Election Petition No.25-A/2010, therefore the same are decided by the common order.

(2.) By way of the present civil revisions, the applicants have challenged the judgment dated 9.12.2011 passed by the learned District Judge, Sagar in Election Petition No.25-A/2010, whereby the election of one Kamla Kinnar was declared void and the respondent No.1 Smt. Suman Ahirwar was declared to be elected for the post of "Mahapaur" (Mayor) to the Municipal Corporation, Sagar.

(3.) The brief facts of both the cases are that an election to the post of "Mahapaur" took place in the year 2009. After adopting the due procedure the results were declared on 15.12.2009. Six candidates had contested the election. Out of them one Kamla Kinnar was declared elected with 64683 votes, whereas the respondent No.1 Smt. Suman Ahirwar bagged 21250 votes, whereas Smt. Rekha Choudhary applicant in the Civil Revision No.493/2011 received 11799 votes. Each of the remaining candidates could not get the votes more than two thousand in the election. The respondent No.1 of Civil Revision No.493/2011 had moved an election petition on the basis that the seat for "Mahapaur" of the Municipal Corporation, Sagar was reserved for a woman candidate of Scheduled Caste and the candidate who was declared elected was neither a woman nor a person belonging to Scheduled Caste. After recording the evidence, the learned District Judge, Sagar found that the elected candidate was not competent to contest the election, and therefore its election was declared void. Simultaneously it was declared that runner up candidate i.e. Smt. Suman Ahirwar was declared to be elected as "Mahapaur" of the Municipal Corporation, Sagar.