TARA Vs. DABLA ALIAS LALITA

JUDGEMENT

(1.) BY this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 16-12-2000, Annexure P-4, passed by the Specified Officer under provisions of the M. P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to 'the Rules' ).

(2.) THE facts as have been adumbrated are that the petitioner was elected as Sarpanch of the Gram Panchayat Thandi, District Betul in the year 1999. The respondent No. 1, being aggrieved by the victory of the petitioner in the election, assailed the same by initiating a proceeding under Section 122 of the M. P. Panchayat Raj Avam Gram Swaraj Adhmiyam, 1993. The election petition was prepared and verified on 21-2-2000 and was presented through the counsel on 25-2-2000. The order-sheet dated 25-2-2000 bears the signature of the clerk of the counsel but does not bear the signature of the respondent No. 1, the election petitioner. As the presentation was invalid the petitioner filed an application before the respondent No. 8 assailing the maintainability of the petition. The respondent No. 8, the Election Tribunal, did not appreciate the challenge in proper perspective and rejected the preliminary objection by order dated 16-12-2000.

(3.) ASSAILING the aforesaid order it is contended by Mr. Mukhtar Ahmad, learned counsel for the petitioner that as the presentation was not in accordance with the Rule 3 of the Rules, the command of Rule 8 will apply in full force and the election petition is to be dismissed being not properly presented. In support of the submission the learned counsel has placed reliance on the decision rendered in the case of Suman Santosh Kumar Patel v. Bhanwati Mahesh Pratap Patel and Anr. , 1999 (1) MPLJ 88.