LALITA Vs. RAMI BAI

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 9/2/2024 (Annexure P-1) passed by the Election Tribunal whereby application under Order 7 Rule 11 of the CPC filed by her for rejection of the Election Petition preferred by respondent No.1 has been rejected.

(2.) The facts of the case in brief are that on 27/9/2022 election was held for the post of President of Nagar Panchayat, Petlawad, District Jhabua. Counting was done on 30/9/2022 and the result was declared on 4/10/2022 in which the petitioner was declared elected. On 14/10/2022 Election Petition was filed by respondent No. 1 before the Election Tribunal under Sec. 20 of M. P. Municipalities Act, 1961 (hereinafter 'the Act, 1961'). On 27/9/2023 an application under Order 7 Rule 11 of CPC was filed by the petitioner for rejection of the Election Petition on the ground that respondent No.1 has not complied with the provisions of Act, 1961. The said application has been rejected by the Election Tribunal by the impugned order.

(3.) Learned counsel for the petitioner has submitted that the Election Petition filed by respondent No. 1 does not disclose any cause of action. The ground raised is not a ground permissible under Sec. 22 of the Act, 1961. Even if the allegations as levelled in the Election Petition are taken to be true at their face value then also no ground as provided under Sec. 22 of the Act, 1961 is made out. The only ground taken by respondent No. 1 is that the petitioner is enrolled in voter list at two places. However, the same cannot be a ground to challenge the election after preparation and finalization of the voter list which is evident from language of Sec. 22 (1) (d) (iii) read with Rule 5 of Madhya Pradesh Nagar Palika Niravachan Niyam, 1994 ('the Niyam,1994'). It is hence submitted that the Election Petition preferred by respondent No. 1 deserves to be rejected.