BHUSHAN RAMLAL KASHYAP Vs. S D O

JUDGEMENT

(1.) ELECTION to the office of Sarpanch of Gram Panchayat, Mishta was held on 30th May, 1994. Late Babulal was declared elected as Sarpanch having secured 330 votes. His election as Sarpanch was challenged by respondent No. 2 Durgaram by filing an election petition Under Section 122 of the M. P. Panchayat Raj Act, 1993. Election petition was filed on 14-7-1994 whereas, aforesaid Babulal died on 15-1-1995. Nobody, including the petitioner, who claims to be the election agent of aforesaid Babulal, took any step before the Election Tribunal and ultimately, the Tribunal on recount of votes, found that the votes polled by respondent No. 2 are more than that of the declared candidate Babulal. Accordingly respondent No. 2 was declared elected as Sarpanch.

(2.) AGGRIEVED by the aforesaid declaration of respondent No. 2 as Sarpanch, the petitioner, who was not impleaded as a party nor substituted after death of Babulal before the Election Tribunal, has filed this writ petition challenging the order of the Election Tribunal.

(3.) SHRI Agrawal, appearing on behalf of respondent No. 2 raised a preliminary objection that writ petition at the instance of the petitioner who was neither party before the Election Tribunal, nor filed any application before the Tribunal resisting the claim of respondent No. 2, in spite of his assertion that he was the election agent of the returned candidate, cannot maintain the writ petition.