KANHAIYALAL Vs. NARAIN SINGH

JUDGEMENT

(1.) THIS is a revision petition under section 26 of the M. P. Municipalities Act (hereinafter referred to as 'the Act'). The general election of the Municipal Council, Vidisha, was held in January 1969. After the election of the Councillors' selection of four councillors by the elected councillors who were 18 in number was held on 20th January 1969. There were in all six candidates, namely Hridaya Mohan Jain, Non-petitioner No. 4, Vishwa Ban- dhu petitioner No. 2, Kanhaiyalal Sharma, petitioner No. 1, Smt. Sheila Nigam non-petitioner No. 2, Smt. Sharda Shole non-petitioner No. 5 and Bhanwarlal non-petitioner No. 3. The selection of the male and female candidates was held Separately and Hridaya Mohan Jain, Kanhaiyalal Sharma and Vishwabandhu were declared selected for the male seats while Smt. Sharda Bai was declared selected for female seat.

(2.) THE non-petitioner No. 1 Narayan Singh filed an election petition challenging the aforesaid selection of the councillors. This petition was allowed by the Additional District Judge, Vidisha. Being aggrieved thereby the petitioners have filed this revision petition.

(3.) THERE was, therefore no justification for treating only one seat as reserved for women candidates and three for male candidates and holding separate selection for men and women candidates. This was clearly regugnant to the aforesaid provisions in as much as the women candidates were denied the right to contest for the general seats open to male candidates. The selection was, therefore, contrary to law and must be set aside.