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1977 Supreme(MP) 88

G.P.SINGH
ANUP PYARELAL – Appellant
Versus
BABOOLAL RAMBUX – Respondent


Advocates Appeared:
L.S.BAGHEL, V.S.SHROTI,

JUDGMENT :

( 1. ) IN an election held in December 1974 Baboolal, non-applicant No. 1, was elected as Councillor of Sehore Municipality from ward No. 10. Anup Prasad, who is applicant in this revision, presented an election petition through his counsel challenging the election to the district Judge, Bhopal, on 30th January 1975. The District Judge on the same date transferred the election petition to the Additional District judge, Sehore, for disposal according to law. The election petition was; received on transfer on 31st January T975 by the Additional District Judge, sehore. An objection was taken by Baboolal that the election petition was not properly presented. This objection succeeded and the election petition was dismissed by an order passed by the Additional District Judge on 19th june 1975. It is against this order that the applicant Anup Prasad has come up in revision.

( 2. ) SUB-SECTION (1) of section 20 of the Madhya Pradesh Municipalities-Act, 1961, provides that "no election or selection under this Act shall be called into question except by a petition presented in accordance with the provisions of this section," Sub-section (2) provides that an election petition* may be








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