UTTAM SINGH Vs. BHARAT LAL YADAV

JUDGEMENT

(1.) BY this writ petition the petitioner, the returned candidate of Gram Panchayat, Sanai Dongri, Tahsil Lakhanadon, District Seoni, has called in question the defensibility of the order dated 15 -6 -2001 contained in Annexure -P -2 passed by the Specified Officer under section 122 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act').

(2.) THE facts lie in a narrow compass. The respondent No. 1 instituted an election proceeding forming the subject -matter of Case No. 4/89A -21/99 -2000 before the respondent No. 3 praying for setting aside the election of the petitioner on the ground that his nomination papers which were rejected by the returning officer could not have been rejected and that as he had been deprived to contest in the election, the election of the returned candidate is vitiated. It is note worthy to state here that the nomination papers of the respondent No. 1 was rejected on the ground that he was disqualified under section 92 of the Act.

(3.) I have heard Mr. L. S. Baghel, learned senior counsel with Mr. P. K. Jain, for the petitioner, Mr. R. S. Tiwari, learned counsel for respondent No. 1., and Mr. R. S. Jha, learned Deputy Advocate General.