IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE ALOK AWASTHI

CIVIL REVISION No. 207 of 2024

SMT. NISHA DEVLIYA

Versus

SMT. NANDINI AND OTHERS

Appearance:

Shri Piyush Mathur, learned Senior Advocate assisted by

Shri Harshwardhan Sharma, learned counsel for the petitioner.

Shri Sunil Kumar Jain - learned Senior Advocate assisted by Shri Khiladi Lal Gangore, learned counsel for the respondent No. 1

[CAVEAT].

Shri Vivek Kumar Markan, learned counsel for the respondent Nos. 2, 3,

4 & 5.

Shri Kamal Nayan Airen, learned counsel for the respondent Nos. 6 & 7.

WITH

CIVIL REVISION No. 231 of 2024

YUVRAJ SINGH

Versus

SMT. NANDINI AND OTHERS

Appearance:

Shri Pourush Ranka, learned counsel for the petitioner [P-1].

Shri Khiladi Lal Gangore appeared for respondent No. 1.

Shri Ashok Airen, learned counsel for the respondent [R-7].

Shri Mukesh Parwal, learned Govt. Advocate for the respondent Nos. 7 &

8/State.

RESERVED ON : 09.10.2025 PRONOUNCED ON : 19.12.2025 ...............................................................................................................................

ORDER

1- Regard being had to the similitude of the questions involved in these Civil Revisions (C.R. No. 207/2024 and C.R. No. 231/2024), with the joint request of the parties, they are analogously heard and being decided by this common order. For the sake of convenience, the facts are being taken from C.R. No. 207/2024.

2- These Civil Revisions have been filed by the applicant under Section 441-F(2) of the M.P. Municipal Corporation Act, 1956 (hereinafter referred to as "the Act, 1956") challenging the validity of the order against the order dated 02.03.2024 passed in the Election Petition No.02/2022 by the nd XXII Additional District Judge, Indore whereby the learned District Judge in the election petition filed by respondent No. 1 - Nandini under Section 441 of the Act, 1956 was allowed and the election of the petitioner / Nisha Dealiya as Councillor of Ward No. 44, Indore Municipal Corporation (in short "IMC") has been set aside and further Election Petitioner/Respondent No. 1 - Nandini being runner up candidate, has been declared as elected Councillor for the Ward No. 44, IMC, Indore.

3- Facts of the case in short, are as under :-

The elections for the posts of Mayor and Councillor of the Municipal Corporation, Indore were held on 17.07.2022, the election results of which were announced in the Madhya Pradesh Gazette (Extraordinary) on 25.07.2022, in which petitioner/Smt. Nisha Devliya W/o Rupesh Devliya (C.R. No. 207/2024), was declared elected as Councillor of Ward No. 44, Indore. It is also an admitted fact that total six candidates contested for the post of Councillor in Ward No. 44 including the petitioner/ Smt. Nisha Devliya and Election Petitioner / Smt. Nandini (respondent No. 1 in both C.R. Nos. 207/2024 & 231/2024). It is also an admitted fact that out of the six candidates, petitioner/Mrs. Nisha Devliya, candidate of the Bharatiya Janata Party, received the highest number of votes, i.e., 6,988 and the respondent No. 1/Smt. Nandini, a candidate of the Indian National Congress Party, had secured 5,962 votes and stood second.

4- Further, the requisite facts which are imperative to be stated for the appreciation of challenge by the petitioner are that under Rule 24 (a) of the Act, 1956 and Madhya Pradesh Municipal Corporation Election Rules, 1994 (in short “the Election Rules, 1994”), it is mandatory for every candidate to disclose along with the nomination form the information about pending criminal cases against him/her and his/her criminal background, information about movable and immovable properties of himself/herself, his/her spouse and dependents alongwith their market value.

5- As per Election Petitioner/Nandini, the petitioner/Smt. Nisha has deliberately provided false and incomplete information regarding her properties in the affidavit submitted along with her nomination papers, concealing information regarding the market value and tax payable. T