MOHD SOHRAAB Vs. MOHD NAFEES

JUDGEMENT

(1.) The present revision has been filed under Sec. 26(2) of M.P. Municipalities Act 1961 read with Sec. 151 of CPC.

(2.) The present petition has been filed by the successful candidate who has been removed from the post by the Election Tribunal of 1st Additional District Judge, Nagaud, District Satna, in EP No. 1/ 2000 vide order dtd. 22/8/2025.

(3.) The election tribunal has held that on account of suppression of material facts and particulars in affidavit submitted along with the nomination form, the petitioner is deemed to have conducted corrupt practice and therefore, it was held that the nomination of the petitioner was liable to be rejected, and he is deemed to have committed a corrupt practice. Consequently, the Election Tribunal set aside the election of the petitioner as councillor of Ward No. 13 of Nagar Parishad Nagod, District Satna. The counsel for the petitioner at the outset submitted that he does not challenge the finding of the Election Tribunal whereby the election of the present petitioner has been declared as null and void for having submitted incorrect information in nomination form and affidavit as to the pending criminal cases and income of the petitioner. The present petition is being pressed only to the extent of the consequential direction made by the Election Tribunal in directing that the present respondent No. 1 who was the runner up in the election, be declared elected in place of petitioner. It is argued that once the election of the petitioner has been set aside on the ground that his nomination was bad in law and that he has committed corrupt practice, therefore the natural consequence would have been to order re-election for the seat, and the election tribunal could not have directed the runner up to be elected.