TRIYUGI NARAYAN SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed assailing order dated 26 -12 -2005 by the Commissioner, Rewa Division, Rewa in case No. 129/E.P./2004 -05 between Mangleshwar and Triyugi Narayan and others, in which the petitioner has raised an interesting question of law that, there is ambiguity between section 66 -A of M.P. Krishi Upaj Mandi Adhiniyam, 1972 and Rule 43 of M.P. Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak Samiti Tatha Mandi Samiti Gathan) Niyam, 1974, and which provision is to give effect to.

(2.) TO appreciate the controversy involved in this case it is necessary to state facts of the case. The petitioner is a returned candidate in the election held for the office of Chairman, Krishi Upaj Mandi Samiti,Baikunthpur, District Rewa held on 13 -6 -2005. The petitioner got 7336 votes, while respondent No. 3 Girish got 6444 votes. The petitioner's election has been challenged by respondent No. 3 by filing an election petition before the Commissioner Rewa under section 66 -A of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'Adhiniyam' for short). On notice, the petitioner raised preliminary objection that the Commissioner, Rewa has no jurisdiction to entertain and decide the election petition and under Rule 43 of M.P. Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak Samiti Tatha Mandi Samiti Gathan) Niyam, 1974 (hereinafter referred to as 'Niyam' for short) the Collector is the appropriate authority who should enquire and decide the election petition.

(3.) LEARNED counsel for petitioner submitted following contentions : -