GIRIDHAR PATEL Vs. ABHAY DARE

JUDGEMENT

(1.) This civil revision has been filed by the applicants under Section 441-F of the M.P. Municipal Corporation Act, 1963 (hereinafter 'the Act of 1963') read with Rule 19(2) of M.P. Municipal Corporation (Election Petition) Rules, 1963 against the judgment dated 28.02.2017 passed by the 5 th Additional District Judge, Sagar (M.P.) in the Election Petition No.16-A/2015 wherein the election petition filed by the applicants u/s.441-B of the Act, 1963 and the respondent No.2 conjointly has been dismissed and the election of the respondent No.1/returned candidate Abhay Dare has been confirmed on the post of Mayor of Municipal Corporation, Sagar.

(2.) The facts giving rise to the present case are that the election of the Municipal Corporation, Sagar was held in the year 2014 and the date of filing of nomination papers was from 05.11.2014 to 12.11.2014 and the last date of declaration was 04.12.2014. Admittedly, the respondent No.1 Abhay Dare was also filed his nomination Form on 12.11.2104 for the post Mayor on behalf of Bhartiya Janta Party (BJP) and along with the nomination paper he also filed an affidavit in the prescribed format giving details about his criminal antecedents, assets and liability etc. which is provided under Rule 24-A of M.P. Nagarpalika Nirvachan Niyam, 1994 (hereinafter 'Nirvachan Niyam'). After the said affidavit was submitted on 13.11.2014 (Annexure P/8) an objection was filed by the applicant No.2 herein on the ground that the affidavit so filed by the respondent No.1 contained false information as he failed to declare in his affidavit that in a criminal complaint lodged against him, cognizance has been taken by the JMFC, Sagar (M.P.) under Sections 323, 294, 327 and 506 Part-II of IPC and as mandated by Clause 5 (II) of the prescribed affidavit he failed to furnish this information. On such objection, the respondent no.1 was also asked by the returning officer to file his response and on 13.11.2014 itself the respondent no.1 filed his reply with an affidavit stating therein that in the format as provided by the Election Commission, there is no column in which details of private complaint can be filled in hence the said information was not provided, however it was admitted that a Criminal Case No.2413/2014 has been registered against him. It was also mentioned that the aforesaid proceedings are also challenged in the High Court. This objection was decided by the Collector/Returning Officer on 14.11.2014 wherein by referring to the book of procedure for conducting election it was held that the said objections regarding affidavit cannot be a ground to debar the respondent no.1 from participating in the election. Subsequently, after the election the respondent No.1 was declared as the returned candidate vide Notification dated 19.12.2014. The election of the respondent No.1 was challenged by the applicants in the election petition filed u/s.441-B of the Act, 1963 on 02.01.2015 before the 6 th Additional District Judge, Sagar who, after reply was filed by the respondent No.1 and the evidence was led by the parties, passed the judgment on 28.02.2017 whereby the election petition filed by the applicants and respondent No.2 herein was dismissed.

(3.) Learned counsel for the applicants has submitted that the impugned judgment is contrary to law and facts on record hence liable to be set aside. It is further submitted that the learned Judge of the trial Court erred in misinterpreting the provisions of Rule 24- A of Nirvachan Niyam which clearly provides that a candidate is required to make a declaration in the affidavit sworn by him, in such form and in such manner, as may be specified by the State Election Commission, in respect of his criminal antecedents, assets, liabilities and educational qualifications etc. specially any pending criminal case in which the charges have been framed and any other disposed of criminal case in which he has been convicted as also, as provided in the format of the affidavit, the cases in which even the cognizance of an offence has been taken.