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2022 Supreme(Chh) 302

DEEPAK KUMAR TIWARI
Sapandeep Mahto @ Sapan S/o Sajjanlal – Appellant
Versus
Rajkishan Mahto S/o Ratanlal Mahto – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Rohit Sharma, Advocate.
For the Respondent: Shri Vinod Tekam, PL.

JUDGMENT :

1. This Revision has been preferred challenging the order passed by the District Judge, Baikunthpur, District Koria in Misc. Civil Case No.5/2020 (Rajkishan Vs. Sapandeep Mahto @ Sapan & Others) whereby petition of respondent No.1 challenging the election of the petitioner as returned candidate as Ward Councillor of Manendragarh Municipality on the ground of non-disclosure of offences in his nomination paper, so he played the corrupt practice has been allowed and the result declaring the petitioner herein as Councillor is held to be void.

2. Learned counsel for the petitioner would submit that the petitioner has succeeded in the election after defeating the respondent No.1 for Ward No.3, Municipal Council, Manendragarh, which was conducted on 21.12.2019 and result was declared on 24.12.2019. Thereafter the respondent No.1 challenged the election of the present petitioner solely on the ground that the petitioner has failed to disclose criminal antecedents, as required under Form-3A, according to Rule 25-A of the Chhattisgarh Nagar Palika Election Rules, 1994, (henceforth ‘the Rules, 1994’) as amended on 8.11.2019, vide Notification No.F-1-5/2014/18. He would further submit

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