LAWS(MPH)-2016-1-36

KANCHAN KHATTAR Vs. RAKESH DARDWANSHI AND ORS.

Decided On January 20, 2016
Kanchan Khattar Appellant
V/S
Rakesh Dardwanshi And Ors. Respondents

JUDGEMENT

(1.) The petitioner has filed this revision challenging the order dated 14/11/2014 and the order dated 16/10/2014 passed by learned District Judge, Umaria in Election Petition No.02/2013.

(2.) Brief facts of the case are that the petitioner is the elected as a President of Municipal Council, Umaria on 18/01/2013. The election was held on 16/1/2013. The notification for election was published on 26/6/2012 and the date of nomination was 2/1/2013. The petitioner has submitted nomination paper which was accepted and her name was included in the list of contesting candidate. The election was held on 16/1/2013 and the result was declared on 18/1/2013 in which the petitioner was declared elected by margin of 978 votes. Against the election of the petitioner on the post of President, Municipal Council, Umaria, two election petitions were filed and out of which one is about caste certificate of the petitioner which was registered as Election Petition No.02/2013 and the another petition was filed by one Seema which was registered as Election Pletition No.01/2013.

(3.) In Election Petition No.02/2013, the Election Tribunal has framed issues on 19/4/2014 and Issue No.6 was with respect to deposit of election petition fee. The said issue was decided by the election tribunal by an order dated 16/10/2014 and the Tribunal has held that the fee is duly paid. The petitioner thereafter filed an application under Order 7 Rule 11 of CPC for dismissal of the election petition for want of payment of requisite deposit under the legal and proper head. Election Tribunal by its order dated 14/11/2014 has dismissed the said application on the ground that the issue has already been decided by an order dated 16/10/2014. Being aggrieved by this order, the petitioner has filed the present revision under Section 26 of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Municipalities Act').