Decided on May 09,2003

Vinod Kumar Naik Respondents


FAKHRUDDIN, J. - (1.)The applicant has moved this Court by filing a revision petition under Section 441F (2) of the Municipal Corporation Act, 1956 against the judgment and order dated 25-4-2003 passed in Election Petition No. 2/2002 by the District Judge, Raipur, challenging the election of Mayor having been declared void. The applicant has also sought for stay of the effect and operation of the said order passed by the Election Tribunal.
(2.)The revision petition has already been admitted for hearing. Arguments have been advanced by the Counsel for the parties. Advocate General of the State of Chhattisgarh has also addressed.
(3.)Before dealing with the factual matrix, it is pertinent to mention here that learned Counsel for the parties have referred to the provisions of Articles 190, 191, 192, 243P, 243Q, 243R and 243V. The provisions of Schedule VII - Entries 72, 73 and 74 of List I - Union List, Schedule VII -Entries 37, 38 and 39 of List II - State List have also been referred. Certain provisions of M.P. Municipal Corporation Act, now known as C.G. Municipal Corporation Act (hereinafter referred to as 'the Act'), are also relevant. Section 5 (14) defines the Councillor. Section 6 relates to the municipal authorities charged with the execution of this Act. Section 7 relates to Constitution of Municipal Corporation for a larger urban area. Section 7 (2) defines the meaning of larger urban area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Act. Section 9 relates to Composition of Municipal Corporation. Section 16 deals with qualification for election as Mayor or Councillor. Section 17 deals with General disqualifications for becoming a Councillor. Section 17 (3) relates to power to decide whether vacancy has occurred.

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