KANA MANDAL Vs. STATE OF MP

JUDGEMENT

(1.) WITH consent the matter is heard finally.

(2.) GRIEVANCE put forth by the petitioner is against the order dated 6.3.2010 whereby the Sub Divisional Cum, Prescribed Authority instead of dwelling upon the preliminary objection as to maintainability of an election petition under section 122 of the MP. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 Oiereinafter to be referred as Adhiniyam, 1993) directed the petition to be posted for hearing on merit.

(3.) THE respondent on his turn has to submit that the prescribed authority did not commit any error in posting the matter for hearing on merits instead of confining to the preliminary submissions. It is accordingly urged that the petition being devoid of substance deserves to be dismissed.