BHOJ RAJ DUBEY Vs. ADDITIONAL COLLECTOR JABALPUR

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the Petitioner/returned candidate is challenging the validity of the impugned order dated 19.10.2010 (Annexure P-5) passed by the Sub-Divisional Officer (Revenue), Jabalpur (Respondent No. 2) and the order dated 27.1.2011 (Annexure P-7) passed by Additional Collector affirming the said order of Sub-Divisional Officer.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this petition. Suffice it to say that an election petition under Section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam") has been filed by Respondent No. 3 which is pending for its adjudication before the Sub-Divisional Officer (Respondent No. 2). The returned candidate/Petitioner was served and an application was submitted by him that election petition should be dismissed at the threshold because the copies accompanied were not duly verified and signed by the election Petitioner and therefore, there is non-compliance of the mandate given in Rule 3(2) of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as "the Rules of 1995").

(3.) The election Petitioner/Respondent No. 3 denied the averments made in the application and the objection which has been raised by the Petitioner. The Sub-Divisional Officer overruled the said objections vide order dated 19.10.2010 (Annexure P-5). Against this order a revision petition has been filed by the Petitioner before Additional Collector which has been dismissed by the impugned order on 27.1.2011 (Annexure P-7).