SHAKUNTALABAI Vs. NATHULAL

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) By this writ appeal, filed under Section 2(1) of the M.P. Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005, the appellant has assailed the legal validity of the order dated 20-1-2011 passed by the learned Single Judge in W.P. No. 9747/2010.

(3.) The brief facts, leading to the filing of the present appeal, are that the appellant and the respondent/petitioner contested the election for the post of Sarpanch of Gram Panchayat, Bharatpur, Tehsil Rithi, District Katni. The elections were held on 18-2-2010 and the present appellant was declared the returned candidate. The respondent/petitioner, being aggrieved, had filed the election petition against the election of the appellant under the provisions of the Madhya Pradesh Panchayats (Election Petitions, corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as 'the Panchayat Rules') on 18-2-2010. Notices were issued to the appellant who ultimately entered appearance on 23-3-2010. The appellant, thereafter, filed an objection to the maintainability of the election petition before the Prescribed Authority on 19-4-2010 alleging non-compliance of the mandatory provisions of Rule 3 of the Panchayat Rules on the ground that the copy served upon the appellant was not signed and attested by the election petitioner.