SUGNABAI Vs. ELECTION OFFICER GRAM PANCHAYAT

JUDGEMENT

(1.) THE petitioner in the present Writ Application seeks a direction that she be declared as the duly elected 'sarpanch' of Gram Panchayat Bamni Bujurga and she has the right to function as such.

(2.) ACCORDING to the petitioner, election programme was declared by the Election Officer for election of 'sarpanch' of Gram Panchayat Bamni Bujurga. According to the petitioner, she and respondent No. 4 Smt. Parshadi Bai, have filed nominations for election to the office of the 'sarpanch'. According to her, she got the highest number of votes and consequently the Election Officer declared her as 'sarpanch' on 8-6-1994 according to Rule 77 of Madhya Pradesh Panchayats Election Rules, 1994 (hreinafter referred to as 'election Rules, 1944') and public announcement was made of her election. She has further stated that the result of her election was also published in the Newspaper on 10-6-1994.

(3.) ACCORDING to the petitioner on 15-6-1994, election of 'up- Sarpanch' of Gram Panchayat was to be held and respondent No. 2 issued notice on 10-6-1994 to Panchas and Sarpanchas i. e. the petitioner for the said purpose. However, on 15-6-1994 when she went to participate as 'sarpanch' in the meeting of the Gram Panchayat, she was told that she is not 'sarpanch' of the Gram Panchayat and it is respondent No. 4 who has been elected as 'sarpanch'. In the aforesaid premises the petitioner prays for declaration by appropriate Writ that she is the duly elected 'sarpanch' of the Gram Panchayat and she may be allowed to function as such without any impediment.