ABHISHEK Vs. DHARMENDRA AND ORS

JUDGEMENT

(1.) Applicant has filed the present revision under Section 26 of the Municipalities Act, 1961 being aggrieved by the order dated 21/09/16 passed by the learned 4th Addl. District Judge, Badnawar (Camp Court) District Dhar in Election Petition No. 1-A/15.

(2.) Facts of the case in short are as under :-

(3.) The election for the post of President of Municipality, Badnawar was declared on 07/12/14 and the present applicant was declared as President of the Municipality by the Returning Officer and his election was notified on 22/12/14. The respondent No.1, who was defeated in the election has filed the election petition on 16/01/15 under Section 20 of the M.P. Municipalities Act (for short 'The Act') challenging the election of the present petitioner. The election petition was presented before the Addl.District Judge of first Addl. District Judge, Dhar and vide order dated 03/02/15, notices were issued to the respondent/present applicant. After notice, the present applicant filed an application under Order 7 Rule 11 of the CPC on the ground that the election petition was wrongly presented before the Court, who was not authorized/competent to receive the election petition. Section 20 of the Act clearly provides that election petition is only to be filed before the District Judge or the Addl. District Judge having permanent seat of his Court within the revenue district, in which, such election was held.