Dipak Misra, J.

1. Observing the apparent conflict in the decisions rendered in the cases of Ashok Barman vs. Sadhana w/o Pratiman Jain and another 1997(2) MPU 167 and Malik Singh Chawla vs. Surendra Kumar Lakhers and others AIR 1998 MP 321 and reading the said decisions in juxtaposition with the ratio decidendi of Anup Pyarelal vs. Baboolal Rambux and another 1979 MPLJ 487 a learned Single Judge thought it apposite to recommend the case for reference to a larger bench for an authoritative pronouncement. That is how the present civil revision has been placed before us.

2. Before we advert to the legal arena we think it appropriate to narrate the facts which have been uncurtained to give rise to this reference. The non-applicants Nos. 1 to 3 filed an election petition No. 2/2000 before the learned Additional District Judge, Beohari under Section 20 of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act') against the applicant and non-applicants Nos. 4 to 17. It is pertinent to state here the election petition was presented before the said Additional District Judge on 24-1-2000 challenging the election of the applicant to the post of the President, Nagar Panchay