MAYARAM BARBE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dtd. 27/9/2022 whereby respondent No.7 has been declared Upsarpanch by drawing a lot. Facts of the case in short are as under:

(2.) The petitioner and respondent No.7 are two elected panch Gram Panchayat Atar Sambha, Tehsil Pati, District Barwani held in the year 2022. In the said election, 20 Panch were declared elected thereafter, Upsarpanch was notified by appointing respondent No.6 as Presiding Officer for conducting the election.

(3.) In compliance of the order dtd. 26/7/2022 the respondent No.6 called a meeting of all the Panch for the election of Sarpanch on 26/7/2022. The present petition and respondent No.7 contested for the post of Upsarpanch by submitting a nomination paper. All the Panch casted their votes thereafter, the counting was started under Sub-Rule 6 of Rule 16 of M.P. Panchayat (Upsarpanch President and Vice President) Nirvachan Niyam, 1995 (for short "Nirvachan Niyam, 1995"). After the counting of the vote, one vote was rejected, 9 votes were found in favour of respondent No.7 and 10 votes were found in favour of present petitioner and thereafter, certificate under Rule 17 was issued by electing the petitioner to the post of Gram Panchayat Atar Sambha.