SHEONATH MOOLCHAND SAHU Vs. KHALIFA CHHIDAMILAL

JUDGEMENT

(1.) THIS is a revision petition under sub-section (2) of section 441-F of the Madhya Pradesh Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act' ).

(2.) AT the election of councillors of the Municipal Corporation, Jabalpur held on 3-6-1973 the petitioner (hereinafter referred to as 'the appellant') was declared elected and the election was notified in the Government Gazette dated 29-6-1973. Subsequently his election was challenged by Khalifa Chhidamilal, non-applicant No. 1 who was also a contesting candidate; but had lost, on the ground, inter alia, that certain dues payable to the Corporation standing against the name of the petitioner had remained unpaid for a period exceeding one year and as such he was disqualified under clause (i) of sub-section (1) of section 17 of the Act. The petition was resisted by the applicant, but was ultimately allowed by the District Judge, Jabalpur on the aforesaid ground. Other grounds were not pressed in the trial Court and we are not concerned with them. Being aggrieved by the said decision, the applicant has filed this revision petition.

(3.) THE only point for consideration in this case is whether the election of the applicant is liable to be set aside on the ground specified in clause (a) of section 441-B of the Act on the ground that the applicant was disqualified to be a Councillor under clause (i) of sub-section (1) of section 17 of the Act.