SMT. ANITA Vs. SAKHI AND OTHERS

JUDGEMENT

(1.) Before dwelling on the matter on merits it is worth taking note of the fact that the matter was initially listed on 31.05.2016 when the notice was accepted on behalf of respondent No.1 by Shri Diwakar. On 06.06.2016, when the matter was next posted, learned counsel for respondent No.1 again took notice and was granted time to file reply to the stay application. On other respondents, notices were directed to be issued. On 24.06.2016, respondent No.6, 7, 9 and 11 were represented. Whereas, permission was granted to learned counsel for respondent No.1 to file his reply during course of day. With taking note of appearance of Shri B.R.Koshta for certain respondents, the matter was directed to be posted on 27.06.2016. When the matter is taken up today and is to be heard on the application for stay, learned counsel for contesting parties expressed that it may be finally heard as all the contentions are raised in reply to stay application. It is in these circumstances the matter is finally heard.

(2.) Challenge in this petition is to an order dated 07.04.2016 and 24.05.2016 and consequential relief of quashment of election certificate issued by the Sub - Divisional Officer under Rule 83 of the M.P.Panchayat Election Rules 1995, in favour of respondent No.1.

(3.) Petitioner with 156 votes was declared elected as Sarpanch, Gram Panchayat Devarigarhi, Janpad Panchayat Panna. Respondent No.1 having lost the election getting 154 votes filed an election petition under Section 122 of M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 for recounting of votes and declaration of petitioner's election as null and void and for declaring her as Sarpanch. The election Tribunal in the said proceedings on the basis of pleadings and counter pleadings but without recording any evidence, recorded a prima facie finding on 23.11.2015.