LAXMI GIRI GOSWAMI Vs. VIMLA SEN

JUDGEMENT

(1.) This petition has been filed against the order dated 11.03.2015 passed in Election Petition No. 01/2015 by which the trial court rejected the application filed by the petitioner under Order 7, Rule 11 of CPC. With the consent of the parities, the petition is heard and disposed of finally.

(2.) The petitioner was elected as President of the Municipal Council, Tikamgarh in an election held in the year of 2004. The result of the election was notified in the extraordinary gazette published on 29.12.2014. The respondent also contested the election. However, she lost the same. She filed an election petition challenging the election of the petitioner under Section 20/22 of the M.P. Municipalities Act 1961, hereinafter referred to as "the Act of 1961" on various grounds. The petitioner denied the pleadings of the respondents. The petitioner also filed an application under Order 7, Rule 11 of CPC and pleaded that the election petition filed by the petitioner was not maintainable. The trial court vide impugned order rejected application filed by the petitioner under Order 7, Rule 11 of CPC, hence the present petition has been filed.

(3.) Learned counsel for the petitioner has contended that the order of rejection passed by the trial court is contrary to law. The petitioner did not plead material facts in regard to challenge of the election of the petitioner. The legible copies of the documents attached alongwith the petition were not supplied to the petitioner neither verification of the election petition is proper. The election petition was not presented by the petitioner herself. Hence, the court has committed an error of law in rejecting the application. In support of his contentions the learned counsel has relied on the following judgments :-