NAUSHAD ALI Vs. MUBARAK ALI @ BHURA

JUDGEMENT

(1.) With the consent of both the parties, the matter is heard finally.

(2.) The instant Civil Revision petition is filed under the provisions of Section 26(2) of M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act') challenging the order dated 05.04.2018 passed by the 1st Additional District Judge to the Court of 1st Additional District Judge, Satna (M.P.) in Election Revision No.1/2015 (Mubarak Ali @ Bhura v. Nausad Ali and Ors) whereby the learned Election Tribunal has allowed the Election Petition filed by the respondent no.1 and set-aside the election of the petitioner on the psot of Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna and as a consequence thereof the respondent no.1 has been declared elected as Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna.

(3.) An objection has been raised by the learned counsel for the respondent that the present revision petition has been filed without compliance of the mandatory provision of Rule 19(2) of M.P. Municipalities (Election Petition) Rules 1962 (For short 'the Rules, 1962') as no security amount has been deposited alongwith memo of revision petition and therefore, the petition is not maintainable.