MUNEER KHAN Vs. JASWANT SINGH

JUDGEMENT

(1.) BEING aggrieved by the Order dated 25.10.2005, passed by Respondent No. 4, in Case No. 14/C -144/2004 -2005, whereby the election petition filed by Respondent No. 1 under section 122 of MP Panchayat Rajya Adhiniyam, 1993, (which shall be referred herein after as Act), were allowed and the petitioner was removed from the post of Sarpanch of Village Payakhedi, Sitamaou, District Mandsaur, and the post was declared vacant, the present petition has been filed.

(2.) SHORT facts of the case are that Election of Gram Panchayat village Payakhedi, District Sitamau for the post of Sarpanch took place, in which the petitioner and Respondent No. l were candidates. In the said election, petitioner was declared as Sarpanch as petitioner was elected by 327 votes from the nearest contestant Respondent No. l Respondent No. 2 and 3 were also the Candidates for the said election. After the election Respondent No. 1 filed election petition under section 122 of the Act before Respondent No. 4, wherein it was alleged that petitioner has encroached the Government Land, therefore, petitioner was not eligible to contest the election. In the said election petition it was prayed that the petitioner be removed from the post of Sarpanch.

(3.) IN the Election Petition it was alleged that in the nomination form submitted by the petitioner the column relating the encroachment over the Government property was left blank by the petitioner, while the petitioner was encroacher on the land measuring 0.15 hect, bearing Survey No. 615 at village Payakhedi in the year 2002 -2003. It was further alleged that in Case No. 233, the petitioner confessed the charge of encroachment and deposited penalty of Rs.75/ -. It was further alleged that in the year 2004 -2005 also the encroachment continued. It was prayed that the election of the petitioner as Sarpanch be declared void and petitioner be removed form the post of Sarpanch as the petitioner is disqualified.