SANJU BAI Vs. GANGA DEVI PIPPAL

JUDGEMENT

(1.) THIS revision application has been filed by Smt. Sanju Bai who is non-applicant No. 7 in the election petition, challenging the order dated 7-3-2006 passed by First Additional District Judge, Mungawali, District Guna in Election Petition No. 1/2005, whereby learned Additional District Judge set aside the election of the respondent No. 2 who was elected in the office of president, Municipal Council Chanderi on the ground that at the time of filing of nomination form she did not complete 25 years of age which is required in section 34 (1) (a) of the M. P. Municipalities Act, 1961 (in short "the Act") and she was not eligible for election as President under Section 35 (dd) of the Act.

(2.) LEARNED Additional District Judge while setting aside the application of the respondent No. 2 further declared the respondent No. 3 Smt. Sushila Koli as President of Municipal Council Chanderi and allowed the election petition filed by respondent No. 3.

(3.) BRIEF facts of the case are that the respondent No. 3- Ramesh chandra filed an election petition under Section 20 (2) (b) (iii) of the Act, challenging the election of the respondent No. 2 Smt. Usha Bai under Section 22 (1) (a) and (d) of the Act and prayed for declaration to declare the respondent no. 4 Smt. Sushila Koli as President of Municipal Council Chanderi under section 24 (1) (c) of the Act. The petitioner who is non-applicant No. 7 in the election petition submitted her reply and supported the election petition filed by the respondent No. 3. Copy of the reply is filed by the respondent No. 4 along with the application for dismissal of revision is marked as Annexure a-2:-The election petition was allowed by the impugned order dated 7-3-2006.