CHANDRAPARKASH Vs. RAMCHARAN

JUDGEMENT

(1.) HEARD on question of admission. His submission is that in the case of Balu Singh v. State of M.P. and others passed in Writ Appeal No. 26/06, the Division Bench of this Court vide order dated 21st of July, 2006 [2006 (2) Vidhi Bhasvar 90] has held that if the learned Single Judge refused the grant of stay, the effect of the same would be as alike final order as it will affect the office of Sarpanch. His next submission was that it is not case for argument of disqualification and as has been held in the case of Uday Singh v. Himmat Singh and others reported in 1999 (1) JLJ 200, the election of the elected candidate can only be challenged by filing election petition and, therefore, the elected person cannot be deprived of holding the post of the elected office.

(2.) HE further submtited that the prayer of the status quo may be considered or a direction be given so that the State may not treat the office as vacant and may not hold the elections.