OMKAR MAHULE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present petition under Article 226 of the Constitution of India. The petitioner has called in question the legality and propriety of the order dated 24th March, 2015 passed by the respondent no.3 in Panchayat Election Case No. 26/A-89(1)/2014-15, whereby the election petition filed by the petitioner under the provisions of Section 122 of the M.P. Panchayat Rajya Avam Gram Swaraj Adhiniyam , 1993 (hereinafter in short shall be referred as "Adhiniyam" ) has been dismissed summarily on admission itself without notice to the other side on the very first date.

(2.) Petitioner filed an election petition under Section 122 of the "Adhiniyam" before the respondent no.3 challenging the election of respondent no.4 for the office of Sarpanch of Gram Panchayat Kosmi, District Balaghat (M.P.). The petition was presented on 24th March, 2015 before the respondent no.3/Specified Officer and on that very day respondent no.3 heard the petitioner on the question of maintainability of the petition and dismissed the election petition stating that the petition is based on the issue that the respondents no. 4 to 7, published defamation letter and circulated to the voters of the villager during the election period. But they had not made any complaint regarding that to the Returning Officer and, therefore, he has no locus to present election petition, accordingly the same is dismissed.

(3.) Learned counsel for the petitioner submits that the impugned order is illegal and arbitrary as it is contrary to the provisions of M.P. Panchayat (Election Petition, Corrupt Practise and Disqualification for Membership) Rule 1995 (hereinafter same shall be referred as Rules) framed under Adhiniyam.