( 1 ) BY this petition under Order 47, Rule 1, CPC, the petitioner seeks review of the order passed by this Court.

( 2 ) SHRI Jain has basically raised two submissions which are as under :- (A) That case of non-applicant, election petitioner, before the Court below was never that the applicant is not a 'sikh Harijan', therefore, this Court was not justified in taking into account that aspect of the matter and erred in setting aside the election. (B) That under Section 20 sub-section (2), an election petition, under the provisions of M. P. Municipalities Act, 1961, ought to have been filed in the Court of Addl. District Judge, Khurai and its presentation in the Court of District Judge, Sagar was bad and petition itself was not maintainable.

( 3 ) IT does not appear from the judgment delivered by this Court that this objection was raised at the time of final hearing. The parties concentrated on one aspect of the matter. It was argued by both the sides that a particular notification issued by the State Government deletes entry referring to 'sikh Harijan' from a particular date or the subsequent notification issued by the State Government simply refers to an earlier notif