TEJABAI Vs. STATE OF M P & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 29.11.2017 passed by respondent No.12 - Sub Divisional Officer, Revenue, Khilchipur, by which, the election petition u/s. 122 of the Panchayat Raj Adhiniyam has been dismissed.

(2.) Petitioner and respondents No.2 to 7 had contested the election of Sarpanch of Gram Panchayat Kashikhedi. Voting for the said election took place on 22.2.2015, in which, they secured the votes as described in Form 17, which is reproduced below :

(3.) Respondent No.2 secured the highest votes i.e. 865 and was declared as elected Sarpanch. The petitioner secured second highest votes i.e. 367 votes. Being dissatisfied by the defeat in the election, petitioner filed the election petition u/s. 122 of the Panchayat Raj Adhiniyam on 18.3.2015. Petitioner challenged the election of respondent No.2 on the ground of unfair practice adopted by respondent No.2 as well as her agents. It is alleged that they distributed liquor and cash for securing votes. It has further been alleged that Bapulal S/o. Hazarilal Dangi, MLA, Khilchipur actively participated in support of respondent No.2. He indulged himself in casting and forging the votes. He threatened the Presiding Officers and assaulted husband of the petitioner in Polling Booth No.146. The petitioner submitted a written complaint to the Election Officer, Jirapur and SHO, Police Station Jirapur, etc., but under the pressure of said Bapulal Dangi, no action was taken. The petitioner has also recorded the conversation and transcription of the said conversation and CD were filed along with the election petition. Learned SDO issued notice to the respondents and called upon them to file reply. Respondent No.2 has only contested the election petition and other respondents remained ex-parte despite notice.