JASRAJ Vs. SPECIFIED OFFICER

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of Constitution of India challenging order dtd. 13/3/2023, whereby election petition filed by respondent No.2 has been allowed; and the election of the petitioner to the post of Sarpanch of Gram Panchayat, Jagoli, Tehsil and District Neemuch (M.P.) has been aside.

(2.) The election of Sarpanch, Gram Panchayat, Jagoli, Tehsil and District Neemuch (M.P.) was held on 25/6/2022 in which the petitioner and respondents No.2 to 4 contested for the post of Sarpanch. Admittedly, the post of Sarpanch was reserved for a candidate of Scheduled Caste (SC) Category. The petitioner submitted a nomination form as a SC Candidate, as he is claiming himself to be a 'Balai', which is a Scheduled Caste in Madhya Pradesh as well as in State of Rajasthan. In the election, the petitioner secured 362 votes and the election petitioner (respondent No.2 herein) secured 235 votes; and accordingly, the petitioner was declared elected.

(3.) Respondent No.2 filed an election petition under Sec. 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (herein after referred to as Panchayat Act, 1993) along with Rules 3.21 and 23 of Madhya Pradesh Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995.