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1983 Supreme(MP) 63

B.C.VARMA
BHUSHANLAL SAHU – Appellant
Versus
JAMUNADAS SUKHWANI – Respondent


Advocates Appeared:
A.K.KHASKALAM, M.V.TAMSKAR

B. C. VARMA, J.

( 1 ) AN election petition was filed before the District Judge. Durg under Section 20 of the Madhya Pradesh Municipalities Act, 1961 by the non- applicant No. 1, Jamunadas challenging the election of applicants Shyamlal and Dwarendra Verma and non-applicants 2 and 3. Rama Pandey and Bhulau Verma as members of the Standing Committee of Municipal Council. Bemetara. An objection was raised as to the maintainability of the election petition. By the impugned order, that objection has been overruled and the election petition has been held to be maintainable. In this revision, the question raised for consideration, therefore, is whether ah election petition under Section 20 of the Act is maintainable against the election of councillors as members of Standing Committee of the Municipal Council,

( 2 ) CHAPTER II of the Act deals with constitution of municipalities. Section 18 requires that there shall be constituted for each municipality a council having authority over the municipality. It shall be a body corporate by the name of the Council of its municipality. According to Section 19. each council is to consist of elected and selected councillors. Sub-section (2) of Section


















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