ANUP PYARELAL Vs. BABOOLAL RAMBUX

JUDGEMENT

(1.) IN an election held in December 1974 Baboolal, non-applicant No. 1, was elected as Councillor of Sehore Municipality from ward No. 10. Anup Prasad, who is applicant in this revision, presented an election petition through his counsel challenging the election to the district Judge, Bhopal, on 30th January 1975. The District Judge on the same date transferred the election petition to the Additional District judge, Sehore, for disposal according to law. The election petition was; received on transfer on 31st January T975 by the Additional District Judge, sehore. An objection was taken by Baboolal that the election petition was not properly presented. This objection succeeded and the election petition was dismissed by an order passed by the Additional District Judge on 19th june 1975. It is against this order that the applicant Anup Prasad has come up in revision.

(2.) SUB-SECTION (1) of section 20 of the Madhya Pradesh Municipalities-Act, 1961, provides that "no election or selection under this Act shall be called into question except by a petition presented in accordance with the provisions of this section," Sub-section (2) provides that an election petition* may be presented-

(3.) THE civil district of Bopal comprises of three revenue districts, viz. . Bhopal, Sehore and Raisen. The Court of the District Judge, Bhopal, is situated in Bhopal revenue district and not in Sehore revenue district. The additional District Judge, Sehore, has the permanent seat of his Court at sehore. In this case, the election that is challenged was held in Sehore. As the Court of the District Judge, Bhopal, is situated outside the revenue district of Sehore, the District Judge had no jurisdiction to entertain the election petition. The jurisdiction to entertain an election petition vested in accordance with sub-section (2) of section 20 of the Act in the Additional district Judge, Sehore, because the permanent seat of his Court is located within the Sehore revenue district.