ASHARAM RAMPRASAD Vs. MUNSHILAL KUSHWAH

JUDGEMENT

(1.) THE election of Asha Ram present petitioner has been declared null and void. This election was to Nagar Panchayat Phooph conducted under the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the 1961 Act ). An election petition was preferred by one Munshilal Under Section 20 of the 1961 Act. Five candidates took part in the process of election. Asha Ram, present petitioner got the highest number of votes. He was declared elected. The break-up of the votes received by Asha Ram by other candidates is as under :<FRM>JUDGEMENT_185_TLMPH0_1996Html1.htm</FRM>

(2.) THE election of Asha Ram to the Nagar Panchayat Phooph was challenged on the ground that as he was a Peon in Sewa Sahakari Sanstha Maryadit Phooph and therefore he was holding an office of profit in the "local authority". It was this ground which prevailed with the Election Court. Not only the election was set aside but a declaration was also made that respondent Munshilal Kushwah would stand declared as elected. It is against the above order passed by the Election Court, the present Revision Petition has been preferred.

(3.) THE learned counsel appearing for the petitioner submits :