DIVISIYA Vs. SHANTA

JUDGEMENT

(1.) Shri Paritosh Trivedi, learned counsel for the petitioner. Shri D. R. Vishwakarma, learned counsel for respondent Nos. 1 and 2. Shri S. P. Rai, learned Govt. Advocate for respondent No. 3. With consent of learned counsel for parties the petition is heard finally.

(2.) This petition under Article 226 of the Constitution of India is directed against the order dated 3-5-2010 passed by respondent No. 3 in an election petition preferred by respondent No. 1.

(3.) Election Petition under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhihiyam, 1993 is directed against the election of the petitioner as Sarpahch of Village Panchayat, Kohka in an election held on 18- 1-2010. On being served, petitioner herein, who was respondent No. 1 in the election petition has raised an objection under Rule 8 of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (Rules of 1995 for short) for dismissal of election petition on the ground of non-compliance of provisions of Rules 3, 4 and 7.