POONAM Vs. DULE SINGH

JUDGEMENT

(1.) Heard on the question of admission and interim relief. The petitioner has filed the present Civil Revision under Sec. 26(2) of the Madhya Pradesh Municipalities Act, 1961 r/w sec. 115 of the Code of Civil Procedure, 1908 challenging the validity of the order dtd. 17/2/2025 passed by the District Judge, Bhikangaon, whereby election to the post of Councilor, Ward No.5, Nagar Parishad, Bhikangaon has been declared void. FACTS OF THE CASE

(2.) The petitioner and respondents No.2 to 7 contested the election of Councilor of Ward No.5, Bhikangaon held on 27/9/2022. The petitioner secured the highest number of votes, and she was declared elected vide notification dtd. 4/10/2022. Thereafter, she was elected as President of the Nagar Parishad, Bhikangaon.

(3.) Ms. Mini Ravindran, learned counsel appearing for the petitioner submitted that respondent No.1 / election petitioner had no locus to file the election petition as he was not the voter of Ward No.5 at the time of election as well as at the time of filing of the election petition. As per Sec. 20(2)(b)(i) of the M.P. Municipalities Act, no election or nomination under this Act be called in question except by a petition presented under Sec. 22 in the case of election of Councillor by any voter of the ward concerned. It is submitted that Respondent No.1 / election petitioner did not file any documents along with the election petition to disclose that he is the voter of Ward No.5, therefore, on this ground alone, the election petition is liable to be dismissed. Ms. Ravindran further submitted that even if the election petitioner was a voter of Ward no.5, but in evidence he has admitted he did not remember whether he casted the vote or not.