BAIJNATH PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Since contesting respondent no.5 is duly represented, with consent of learned counsel for the parties, matter is heard finally.

(2.) Challenge is to an order-dated 15.7.2011 passed by the Prescribed Authority, Sub- Divisional Officer, Rampur- Baghelan, Distt. Satna, whereby election petition preferred by the petitioner under Section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for short 'Adhiniyam, 1993') against the election of respondent no.5 as Sarpanch, Gram Panchayat, Etma Kothar, Janpad Panchayat Rampur-Baghelan

(3.) In an election for Sarpanch, Gram Panchayat, Etma Kothar held on 24.1.2010, respondent no.5 was elected as Sarpanch. This election was called in question by the petitioner by filing an election petition under Section 122 of the Adhiniyam, 1993 on 17.2.2010 on the ground that he incurred disqualification under Section 39(1)(a) and under Section 36(1)(cb) and (e) of Adhiniyam, 1993.