RAVI THAKUR Vs. SHIV SHANKAR PATEL

JUDGEMENT

(1.) IN all these writ application, common question of law and fact arise for consideration and as such they are being disposed of by a common order.

(2.) THE writ applications pertains to the validity of election of President of the Janpad Panchayat, Mandla. One Ravi Thakur (hereinafter referred to as the returned candidate) was declared elected as a President of Janpad Panchayat, Mandla and his election as such was challenged by one Shiv Shankar Patel (hereinafter referred to as the election petitioner) by filing an election petition under section 122 of the M.P. Panchayat Raj Act 1993 before the Collector.

(3.) IT is relevant here to state that election petition was presented without any deposit of the security cost and the security cost of Rs. 250/ - was deposited on 26.7.1994. The returned candidate raised objection and prayed for dismissal of the election petition but the prayer was declined and the Collector held that as the security cost was deposited within the period of limitation, the election petition did not suffer from any fatal defect, by order dated 27.9.1994. Returned candidate aggrieved by the aforesaid order has preferred M.P. No. 3820/94.