LAWS(MPH)-2010-10-81

NIRMALA PATHAK Vs. STATE OF MP

Decided On October 21, 2010
NIRMALA PATHAK Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) THIS appeal is directed against an order dated 26.10.2010 in Writ Petition No.12756/09, under Section 2 of the M.P. Uchcha Nyalaya (Khahd Nyaypeeth Ko Appeal) Adhiniyam, 2005. By the aforesaid order, learned Single Judge disposed of the writ petition, preferred by the appellant, for pressing remedy of appeal before the appellate authority against the impugned order dated 26.11.2009 Annexure P/12 passed by the Registration Officer, Municipal Corporation (Nirvachan), Katni.

(2.) BY order dated 26.11.2009, the Registration Officer, Municipal Corporation, Katni directed deletion of the name of the appellant from the voter-list. It will be pertinent to mention that the order dated 26.11.2009 Annexure P/12 passed by the Registration Officer, Municipal Corporation (Nirvachan) Katni was stayed by the learned Single Judge and after the interim order passed by the learned Single Judge, the appellant herein contested the election of Mayor of Municipal Corporation, Katni and she defeated her nearest rival Smt.Alka Jain by a margin of votes of 5000.

(3.) THEREAFTER , matter remained pending and is heard finally by this Court. The learned counsel appearing for the appellant challenged the impugned order dated 26.11.2009 on following grounds:-