VIVEK MISHRA Vs. BHAGWAN RAJ PANDEY

JUDGEMENT

(1.) SINCE these two matters are interconnected, with the consent of parties, the matters are analogously heard and decided by this common order.

(2.) THE facts are in the narrow compass. THE petitioner in Writ Petition No.7467/2010 Smt. Leelawati was elected as a Sarpanch in Gram Panchayat Khirkhiri, which was called in question by one Shri Kanhaiyalal (respondent No.1 herein) by filing an election petition under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter called as the 'Adhiniyam'). This petition is directed against the order passed on 6.12.2010 (Annexure P-1) by the specified authority/Sub-Divisional Officer, Sheopur, whereby the election of the petitioner was quashed and under rule 23(1)(b) of the Madhya Pradesh Panchayat (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as the 'Rules of 1995') the post of Sarpanch is declared as vacant.

(3.) SHRI Sharma has raised three points, on the strength of which the impugned order is called in question. These are :