VIJAY SINGH Vs. KISHORE AND ORS.

JUDGEMENT

(1.) This civil revision has been fled by the applicant under Section 26 of the MP Municipalities Act, 1961 (for short "Act, 1961"?) against the judgement dated 2.1.2018 passed in the Election Petition No. 03/2015 by the District Judge, Hoshangabad whereby the learned District Judge in the election petition fled by the applicant under Section 20 of the Act, 1961 has dismissed the same.

(2.) In brief the facts of the case are that on 22.1.2015 election for the ward members of the Municipalities Seonimalwa District Hoshangabad took place. The ward No. 4 of the same was reserved for scheduled caste in which applicant-Vijay Singh contested as a candidate of Bhartiya Janta Party (BJP), whereas respondent No. 1 - Kishore contested the same as a candidate of Indian National Congress. In the said election the applicant got 507 votes whereas the respondent No. 1 received 643 votes and having received the maximum number of votes the respondent No. 1 was declared as return candidate. Being aggrieved with the election of the respondent No. 1, the applicant preferred an election petition under Section 20 of the Act, 1961 in which the respondent No. 1 also fled his reply, however did not examine himself during the course of the trial. The learned Judge after recording the evidence of the applicant has dismissed the election petition vide impugned judgment 2.1.2018 and being aggrieved with the same, this revision revision has been fled before this Court.

(3.) Learned counsel for the applicant has assailed the impugned judgment solely on the ground that the respondent No. 1.return candidate in his nomination form which was filled by him before the election, he had left many columns blank and wrong entries were made, but the learned Judge of the trial Court has lightly brushed aside the same on the ground that according to the respondent No. 1 since he is an illiterate person having studies only till Class-V had obtained assistance of other persons to fill up the form. It is further held by the learned Judge that the entries which have been pointed out by the election-petitioner are not so important so to effect the election of the respondent No. 1, hence the same can be ignored.