1. Being aggrieved by the order dated 8.2.11 passed by District Judge, Indore in Election Petition No.7/0, whereby election petition filed by petitioners was dismissed, present petition has been filed.

2. Short facts of the case are that on 25.1.10 petitioner filed a petition under section 441 of M.P. Municipal Corporation Act. 1956, wherein election of respondent No.1 as Councillor from Ward No. 67 was challenged. In the petition it was alleged that in the election, petitioner was the candidate for Councillor from Ward No. 67 and submitted his nomination form as candidate of Indian National Congress. It was alleged that petitioner submitted the nomination form on 26.11.09 along with requisite affidavit, which was accepted by respondent No.5 and the Symbol was allotted to the petitioner. It was alleged that respondent No. I also submitted his nomination form along with affidavit before respondent No.1, which was accepted on 30.11.09 and respondent No. I was declared as candidate of Bhartiya Janta Party. In the petition it was alleged that in the affidavit which was filed by respondent No. 1 alongwith nomination form was not, containing the correct information. It was alleged t