RAM SINGH Vs. JAI NARAIN SINGH AND OTHERS

JUDGEMENT

(1.) Ram Singh the present petitioner contested election from Ward No. 14 for Nagar Panchayat Phoop. It is not a dispute that the relevant statute which deals with holding election to the elected offices is Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as 1961 Act). It is also not a dispute that Ram Singh got the highest number of votes and was declared elected. There were three other candidates in the fray. The votes obtained by the present petitioner and others were as under:

(2.) The petitioners election was challenged under Sec. 20 of the 1961 Act. The ground of challenge was that the name of the present petitioner was also entered in the voters list prepared for Gram Panchayat Deenupura. It was also pleaded that he had contested election to the office of Sarpanch from Gram Panchayat Deenupura. This election was held on 7th June, 1994.

(3.) Thus the challenge to the election of the present petitioner was made on the ground that he having been enrolled as a voter in the voters list prepared for Gram Panchayat Deenupura, he was not entitled to be enrolled in the electoral roll prepared under the 1961 Act. The fact however remains that he was so enrolled.