SANJAY Vs. LAL

JUDGEMENT

(1.) Appellant has filed this appeal against the order dated 22.03.2011 passed by learned Single Judge of this Court in Writ Petition No. 6205/2010.

(2.) Respondent No. 1 filed an election petition questioning the election of Appellant to the post of Sarpanch of Gram Panchayat, Garhi, Tehsil Vijaypur, district Sheopur. An election petition was presented on 19.02.2010 by the Counsel of Respondent No. 1 before the Specified Officer, Respondent No. 7. After receiving a notice, the Appellant raised preliminary objection in regard to maintainability of the election petition. He pleaded that the election petition was not presented before the Specified Officer by Respondent No. 1 himself and the counsel was not authorized by Respondent No. 1 to submit the election petition. The Appellant further contended that the copy, which was sent to the Appellant by Respondent No. 1, has not been certified as 'true copy' and the Respondent No. 1 did not sign the copy as required under Rule 3 of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, hereinafter referred to as the 'Rules of 1995', hence, the election petition is liable to be dismissed.

(3.) Respondent No. 1 in his reply submitted that the provisions of Rule 3 of the Rules of 1995 are not mandatory in nature and if there is any violation thereof the election petition is not at all liable to be dismissed.