JAIPAL SINGH Vs. GIRISH CHANDRA PATWA

JUDGEMENT

(1.) THE petitioner has sought following reliefs:

(2.) THE petitioner has challenged vires of Rule 10 of M. P. Municipalities (Election Petition) Rules, 1962 (hereinafter in short referred to as "the Rules") as ultra vires. For ready reference Rule 10 reads as under :

(3.) BEFORE proceeding further, it will be appropriate to state facts of this case: The petitioner contested the election of the President of Municipal Council, Ashoknagar M. P. on 27-12-1999. Respondent No. 2 Mahendra Singh Yadav filed an election petition on 3-2-2000 against petitioner which was registered as Case No. 5/a/2000 by the First Additional District Judge, Ashoknagar. The prayer in the election petition is that respondent No. 3 Neelam Singh in the present petition be declared as elected.