SAIDA Vs. MASRRAT

JUDGEMENT

(1.) THIS revision petition filed under section 441-F (2) of the Municipal Corporation Act, 1956 (for short, 'the Act'), is directed against the order dated 29-2-1996 passed by the Additional Judge to the Court of District Judge, Dewas in M. C. C. No. 4/95 declaring the election of the petitioner as Councillor to the Municipal Corporation, Dewas, as void.

(2.) AMONGST others the petitioner as also the respondent contested election for the Office of the Councillor of the Municipal Corporation, Dewas from ward No. 5. The petitioner was declared elected on 5-12-1994. The respondent filed election petition against the petitioner under section 441 of the Act challenging latter's election on the ground, one : that she committed corrupt practices, and; two : that she was not qualified to contest the election inasmuch as her name appeared simultaneously as a voter in two wards i. e. , Nos. 5 and 7. Court below after taking evidence of the parties and on evaluation thereof negatived the respondent's allegation regarding commission of corrupt practices but upheld her contention regarding disqualification and accordingly set aside the election vide order impugned, thus giving rise to this revision.

(3.) I have heard Shri G. M. Chafekar, learned Sr. Counsel appearing with Smt. Meena Chafekar, Adv. for the petitioner and Shri V N. Maltare, learned counsel for the respondent.