GENDA LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner who was elected Sarpanch of Gram Panchayat, Siloda Tehsil Pandhana, District East Nimar, Khandwa has challenged order Annexure P-7, dated 8-7-2005 by Sub Divisional Officer-cum-Prescribed Authority, Pandhana in Case No. 4-C-145-2004-05 by which the authority allowed the election petition filed by respondent No. 3 Kishori Lal under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Act' for short) and set aside the election of petitioner for the office of Sarpanch, Gram Panchayat, Siloda.

(2.) The facts of the case relevant for the decision of this petition are as under:-

(3.) The S.D.O. cum Competent Authority after holding enquiry in the election petition recorded a finding that against the petitioner an action was taken under Section 92 of the Act and the petitioner was disqualified as on date when he contested the election and recording aforesaid finding the election of petitioner was declared as void and respondent No. 3 was declared as returned candidate of Gram Panchayat. This order is under challenge in this petition.