MOHAMMAD ISHA Vs. VASUDEO NEBHNANI

JUDGEMENT

(1.) RESPONDENT No. 1 was elected as Sarpanch of Gram panchayat Harda, Tahsil Nepanagar, District Burhanpur. Result of election was declared on 29-1-2005. On 18-2-2005, an Election Petition was submitted by the present petitioner against respondent No. 1. In the reply, respondent No. 1 raised an objection on account of non-joinder of respondents No. 2 and 3, who were stated to be candidates in the said election. Faced with this situation, election petitioner submitted an application on 5-5-2005 under Order 6, Rule 17 of Code of Civil Procedure for impleadment of respondents No. 2 and 3. Learned Sub divisional Officer vide his order dated 27-6-2005 allowed the application and permitted the election petitioner to join them in the Election Petition. Aggrieved by the said order which is marked as Annx. P/3, a revision application was submitted by respondent No. 1 before the Collector Burhanpur, who vide his order dated 6-2-2006 contained in Annx. P/5, allowed the revision application and set aside the order marked as Annx. P/3.

(2.) AGGRIEVED by the aforesaid, the election petitioner has preferred the present writ petition.

(3.) SHRI Vinod Mehta, learned Govt. Advocate, submitted at the outset that the order of allowing application for amendment contained in Annx. P/3 could not have been challenged before the Collector and the same could be assailed only under Article 227 of the Constitution of India.