KAMLESH NUT Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 28.06.2010 passed by the Commissioner, Revenue Division, Shahdol and Election Tribunal in Election Petition Case No.36/Election Petition/ 2009-10.

(2.) The brief facts, leading to the filing of the present petition, are that the petitioner is the elected President of the Zila Panchayat, Shahdol. The respondent no.3, being aggrieved by the election of the petitioner, filed a election petition under the provisions of Section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam') and Rule 8 of M.P. Panchayat (Election Petition Corrupt Practice and Disqualification for Membership) Rules, 1995 (hereinafter referred to as 'the Rules') before the election tribunal/commissioner, Revenue Division, Shahdol.

(3.) The petitioner filed a preliminary objections as to the maintainability of the election petition on the ground that the election petition had not been filed by the respondent no.3 herself but had been filed by her advocate who was not specifically authorized to do so and that the copies of the election petition filed by the respondent no.3 did not contain a specific attestation to the effect that they were true copies of the election petition. It was urged that in view of the aforesaid, the election petition, filed by respondent no.3, did not comply with the mandatory requirement of Rule 3 of the Rules and was, therefore, required to be dismissed under Rule 8 and 21 of the Rules. The aforesaid objections of the petitioner has been rejected by the election tribunal by the impugned order dated 28.6.2010 being aggrieved by which the petitioner has filed the present petition.