Shraddha Soni vs District Election Officer

The present civil revision has been filed by the applicant under Section 441(F) of Municipal Corporation Act, 1956 challenging the order dated 15.12.2021 (Annexure A/1) passed by the District Judge, Durg, District- Durg (C.G.) in Election Petition No. 01/2020 (Smt. Ragini Devi Soni Vs. District Election Officer & others) by which the application filed by the applicant under Section 9, Order 7 Rule 11 read with Section 151 of the C.P.C. and Section 19 (1)(a-1) of the Chhattisgarh Municipal Corporation Act, 1956 (for short “the Act, 1956”) has been rejected.

Learned counsel for the applicant would submit that the grounds mentioned at paragraphs 2, 3, 5, 6 & 8 of the election petition do not fall within ambit of Section 441 (H) of the Act, 1956, which defines Corrupt Practice.

On the other hand, learned counsel for respondent No. 3 would submit that the ground raised in the election petition come within ambit of Corrupt Practice.

The issue involved in the present petition is to be determined by this Court, therefore, the case is arguable and admitted for hearing.

Heard on application for grant of interim relief/ stay.

Prima facie the averments made in the election petition, do not fall within ambit of Corrupt Practice as defined in Section 441 (H) of the Act, 1956. Considering the fact that the applicant is elected candidate and if the interim relief is not granted in favour of the applicant, it will be irreparable loss to the elected candidate, balance of convenience is also lies in favour of the applicant, therefore, it is directed that the further proceeding pending before District Judge, Durg, District- Durg (C.G.) in Election Petition No. 01/2020 (Ragini Devi Soni Vs. District Election Officer & others) shall remain stayed till the next date of hearing.

Since Mr. Praveen Dhurandhar, Advocate has already entered into appearance before this Court on behalf of respondent No. 3, therefore, no further notice is required to be sent to respondent No. 3.

List this case after four weeks for further hearing.