PUSHPENDRA SINGH Vs. PADMAKAR

JUDGEMENT

(1.) THE writ petition is directed against the order dated 12.12.1995, passed by the Sub -Divisional Officer, Teonthar (Annexure -P -5 to the petition), order dated 20.2.1996, passed by the Sub -Divisional officer, Teonthar (Annexure -PI to the petition) and the order dated 23.2.1996, passed by the Sub -Divisional Officer, Teonthar, styled as Annexure -P -8 in the petition which in fact is Annexure -P -11 to the petition.

(2.) ELECTION for the office of Sarpanch of Gram Panchayat Panasi, Tahsil Teonthar took place on 30.5.1994 and there were 11 candidates including the present petitioner at the contest. The contest was between the petitioner Pushpendra Singh and the respondent No. 1 Padmakar as both of them in the counting secured equal number of votes i.e. 144 each and the result was determined as per rule 82 of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995 by drawing lots. Subsequent to the declaration of the result, the rival candidate Padmakar challenged the election of the petitioner by means of election petition u/s. 122 of the M.P. Panchayat Raj Adhiniyam, 1993 (for brevity hereinafter referred to as 'the Act') before the S.D.O., Teonthar which was numbered as Election Petition No. 3/Sa -144/95 -96.

(3.) THE election petition contains allegations in paragraphs 5, 6, and 7, which are extracted as below : ...[VERNACULAR TEXT OMITTED]...