Section 441 in The M.P. Municipal Corporation Act, 1956
441. [ Election petitions. [Substituted by M.P. Act No. 13 of 1961.]
(1)No election or [nomination] under this Act shall be called into question except by a petition presented in accordance with the provision of this section.(2)Such petition may be presented on one or more of the grounds specified in Section 441-B-(a)by any candidate at such election or [nomination] [Substituted by M.P. Act No. 16 of 1997.]; or(b)(i)in the case of an election of a Councillor, by any voter of the ward concerned;(ii)in the case of [nomination] [Substituted by M.P. Act No. 16 of 1997.] of a Councillor, by any Councillor;(iii)[ in the case of election of Mayor, by any voter of the Municipal area] [Inserted by M.P. Act No. 18 of 1997.],to the principal Civil Court of original jurisdiction (hereinafter referred as the Court] within the local limits of whose jurisdiction the election or [nomination] [Substituted by M.P. Act No. 16 of 1994.] was held.(3)No petition presented under sub-section (2) shall be admitted unless-(i)it is presented within thirty days from the date on which the result of such election or [nomination] [Substituted by M.P. Act No. 16 of 1994.] was notified in the Gazette; and(ii)it is accompanied by a Government Treasury receipt showing a deposit of two hundred and fifty rupees.(4)A petitioner shall join as respondents to his petition-(a)where the petitioner, in addition to claiming a declaration that the election or [nomination] [Substituted by M.P. Act No. 16 of 1994.], as the case may be, of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected or [nomination] [Substituted by M.P. Act No. 16 of 1994.], the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates;(b)any other candidates against whom allegations of any corrupt practices are made in the petition.(5)An election petition shall-(a)contain a concise statement of the material facts on which the petitioner relies;(b)with sufficient particulars, set forth the ground or grounds on which the election or [nomination] [Substituted by M.P. Act No. 16 of 1994.] is called in question;(c)be signed by the petitioner and verified in the manner prescribed in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.
