SURYAPRAKASH MISHRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ appeal has been filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nayalaya (Khand Nayayapeeth Ko Appeal) Adhiniyam, 2005 against the order dated 20.8.2015 passed by the Writ Court in W.P. No.2070/2015 (Annexure-P/1).

(2.) Admitted facts are that appellant/S.P. Mishra and respondent no.5/ Smt. Jamuna Bai were contesting candidates for the post of President, Krishi Upaj Mandi Samiti, 186 Tikamgarh. Election was conducted on 7.1.2013. The appellant/S.P. Mishra and respondent no.5/Smt. Jamuna Bai both secured equal number of votes i.e. six votes each. Therefore, the Returning Officer/respondent no.4 by adopting lottery system declared the respondent no.5/Smt. Jamuna Bai as elected President of Krishi Upaj Mandi Samiti, Tikamgarh.

(3.) Thereafter, the appellant/S.P. Mishra filed the Election Petition No. 82/B-121/12-13 on 22.1.2015 before the Commissioner for setting aside the election of Smt. Jamuna Bai (respondent no.5), on the grounds that some votes were counted illegally in favour of the respondent no. 5/Smt. Jamuna Bai. The respondent no. 5/Smt. Jamuna Bai submitted her reply to the Commissioner, denying the averments made in the election petition. She further contended that there was no illegality committed in conducting the election and prayed that election petition be dismissed.