R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
Suresh Seth – Appellant
Versus
Commissioner, Indore Municipal Corporations – Respondent
Judgment
G.P. Mathur, J.—This appeal, by special leave, has been filed challenging the judgment and order dated 7.5.2003 of High Court of Madhya Pradesh by which the Civil Revision filed by Bhanu Kumar Jain was dismissed.
2. The election for the Office of Mayor, Municipal Corporation of Indore, was notified on 25.11.1999. The election was held on 27.12.1999 and the result was declared on 3.1.2000 wherein Shri Kailash Vijayvargiya, respondent No. 3, was elected as Mayor. One Bhanu Kumar Jain filed an election petition challenging the election of Shri Kailash Vijayvargiya as Mayor on several grounds and the principal ground taken was that he being a sitting member of the Legislative Assembly, was disqualified for holding the Office of Mayor of a corporation under the M.P. Municipal Corporation Act, 1956. The election petition was dismissed by the XII Additional District Judge, Indore, by the judgment and order dated 11.4.2002. Bhanu Kumar Jain then filed a civil revision under Section 441-F of the M.P. Municipal Corporation Act, 1956 in the High Court, which was also dismissed by the judgment and order dated 7.5.2003, which is the subject-matter of challenge in the present appeal.
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