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IN THE HIGH COURT OF MADHYA PRADESH
G.P. SINGH, K.K. DUBE, JJ.
Zahiduddin Siddiqui - Petitioner
Versus
State of M.P. - Respondent
M.P. No. 72 of 1974 (G)
Decided On : 23-11-1978
(2) Municipalities Act, 1961 (MP)-S. 22 (1) (d) (iii) - ground to challenge the formation of ward.-whether available in an election petition.
1. By this petition under Article 226 of the Constitution. the petitioner the formation of wards of the Municipal Council Bhander.
Held: This petition was admitted in 1974. Subsequent to the admission of the petition, elections took place according to the division of wards. We are informed that some election petitions were also filed challenging the elections which were also dismissed. The petitioner's ground of challenge in this petition was that the wards were not properly formed in accordance With law. The petitioner could have raised this objection by an election petition on the ground mentioned in section 22 (1) (d) (iii) of the Municipalities Act that the result of the election or selection had been materially affected by non-compliance with the provisions of the Act and the rule made thereunder. After the elections and after a lapse of four years, this petition has become infructuous, Petition dismissed.
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