RAJESH KUMAR Vs. MANAKCHAND

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 19/2/2024 passed by Sub Divisional Officer cum Specified Officer, Sub- Division Neemuch, respondent No.13, whereby he has dismissed an application filed by him under Rule 3, 5, 7 and 8 of Madhya Pradesh Panchayats (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995.

(2.) The facts in brief are that petitioner and respondents No.1 to 3 were the contestants for the post of Sarpanch for Panchayat Election in village Dhaneriya Kala, District Neemuch. The petitioner was the successful candidate. Respondent No.1 thereafter preferred an election petition before respondent No.13 alleging corrupt practices against the petitioner and prayed for setting aside of his election. Upon service of notice upon him the petitioner filed an application under Sec. 3, 5, 7 and 8 of the Rules, 1995 before respondent No.13 raising objection as regards maintainability of the election petition for want of compliance of mandatory provisions of Rules 3 and 7 of the said Rules. The application was contested by respondent No.1. By the impugned order the application has been rejected against which this petition has been preferred.

(3.) It is submitted by learned counsel for the petitioner that there has been non-compliance of mandatory provisions of Rules on part of respondent No.1. The security deposit was required to be made by him along with the election petition. The same has however not been done. The said deposit had already been made on 17/7/2023 whereas the election petition was presented on 5/9/2023. Such deposit of security amount cannot be said to be compliance of Rule 7 of the Rules. It is further submitted that the election petition was not presented by respondent No.1 in person which is also a mandatory requirement entailing dismissal of the petition at the threshold. Reliance has been placed by learned counsel for the petitioner upon the decision of this Court in Sarla Tripathi vs. Kaushilya Devi and others [2001 MPLJ Online 1].