NAGJI Vs. DEEPA

JUDGEMENT

(1.) THE petitioner was elected as 'Sarpanch' of Gram Panchayat Barda. The same was challenged by Respondent No. 1, Deepa, by filing a election petition before the prescribed authority and by the impugned order dated 24.2.1995, as contained in Annexure P/5, the election of the petitioner was set aside and respondent No. 1 was declared to be duly elected.

(2.) IN the election petition the petitioner has stated that he is prepared to deposit any Court -fee, if directed, by the Court. In answer thereto the petitioner has stated that the statement made in the election petition pertains to provision of law and the same shall be answered at the time of hearing.

(3.) 1985 MPLJ 411), relevant portion thereof is quoted below : "In the above view of the matter, we hold that even when no objection is raised about the non -compliance of Rule 7 of the Election Rules, it is incumbent on the Tribunal to dismiss the petition on being satisfied about the non -compliance of that rule. It has no jurisdiction to proceed with its trial."