BALWANT SINGH Vs. KAILASH CHANDRA DUBEY

JUDGEMENT

(1.) This revision is directed against an order dated 29th March, 1982 passed by the District Judge, Hoshangabud, dismissing an diction petition filed by the applicant challenging the election of non-applicant No. 1 as President of the Municipal Committee, Hoshangabad,

(2.) One Girja Shanker Sharma, who was neither an elected nor selected Councillor, was the President of the Municipal Committee. The term of Sharma as President expired on 8th Feb., 1982. He, however, continued to be the President under the proviso to Section 43 (2) (c) of the Madhya Pradesh Municipalities Act, 1961. At the election for the new President, the meeting of the Council was presided over by the Collector, Hoshangabad. Sharma, the outgoing President, was allowed to cast his vote. The non-applicant Kailash Chandra Dubey obtained eleven votes and the applicant Bal-want Singh obtained ten votes. The non-applicant was declared elected by majority of one vote.

(3.) The main grievance of the applicant raised before me is that Shartna, who was neither an elected nor a selected Councillor, but who was a deemed Councillor under Section 43 (5), was not entitled to vote and that the election result has been materially affected by permitting Sharma to vote.