MAHESH PRASAD KORI Vs. GAUTAM KORI

JUDGEMENT

(1.) THE present petition has been filed by the applicant under Rule 19 of the Madhya Pradesh Municipalities Election Petition Rules, 1962, being dissatisfied by the order dated 17.7.96 passed by the Fourth Additional Judge to the Court of District Judge, Sagar in Election Petition No. 15/96.

(2.) THE facts necessary for the purpose of present petition are that elections for the Municipal Council, Garhakota were held on 19.12.94. An election petition was filed on the ground that nomination form of Non -applicant no. 2 Laxmi Prasad was wrongly accepted, this wrong acceptance has materially affected the election, election of Mahesh Kori ruturned candidate be declared void and the election petitioner Gautam Kori be declared elected. The election petition was filed on 23.12.94 before the District Judge Sagar which was later on transferred to the trial Court.

(3.) THE lower Court granted proper opportunity to the parties to lead evidence, parties led evidnece and also produced the documentary evidence. After hearing the parties, the Election Tribunal came to the conclusion that the non -applicant (Laxmi Prasad) did not belong to the Scheduled Caste, was not entitled to submit his candidature, the form was wrongly accepted and the worng acceptance has materially affected the result of the election. The Tribunal also found that at the time of scrutiny no objection was raised by the election petitioner that Laxmi Prasad did not belong to the scheduled Caste. The Court however found that non -raising of the objection at the time of scrutiny would not make any difference. The Tribunal however, also found that the election petitioner has failed in proving that the returned candidate adopted corrupt means or was guilty of corrupt practice. In view of the findings regarding acceptance of the nomination it found that the election was liable to be set aside. Being dissatisfied by the said order, the returned candidate has preferred this revision petition.