Bishambhar Dayal, S.P.Bhargava, R.J.Bhave
Babulal – Appellant
Versus
Dattatraya – Respondent
Newaskar, J.-1. Question which is raised in this revision petition is whether it is competent for an Additional District Judge, whose Court is situated at the same place where the Court of the District Judge is situated, to hear and decide an election petition presented to the Court of District Judge after its being transferred to that Court under the orders of the District Judge.
2. The election for the Mandleshwar Municipality was held in this case at Mandleshwar where the Court of District Judge is situated. Mandleshwar naturally is therefore within the Revenue District wherein the Court of District Judge is situated.
3. Sub-sections (1) and (2) of section 20 of the Madhya Pradesh Municipalities Act, 1961, (hereinafter called the Act) which are material for the purpose of the present case provide as under :
"(1) No election or selection under Act shall be called into question except by a petition presented in accordance with the provisions of the section.
(2) Such petition may be presented on one or more of the grounds specified in section 22(a) by a candidate at such election or selection; or (b) (i) in the case of an election of a Councillor, by any voter of the ward concern
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