BAHORAN LAL Vs. GANESH PRASAD

JUDGEMENT

(1.) These are two writ petitions i.e. W. P. No. 350/97 and W.P. No. 3350/97. Writ petition No. 350/97 is filed by Bahoran Lal, who was elcted as Sarpanch of Gram Panchayat Banda and his election was set aside by the Election Tribunal vide order dated 15-1-1997 after recounting of ballot papers on the basis of the impugned order dated 27-7-96 passed in Election Petition No. 40C/144/93-94. Writ Petition No. 3530/97 is filed by one Ganesh Prasad who was also one of the candidates in the contest and in the petition the prayer is for linking the writ petition with W.P. No. 350 of 1997 and for setting the finding against him and for maintaining the order dated 15-1-1997.

(2.) Heard the learned counsel for the petitioner, Shri G. S. Baghel, learned counsel for the respondent No. 1, Shri Rakesh Jain and the learned State counsel, Shri Vivekanand Awasthy.

(3.) The brief facts are that the election for the office of the Sarpanch of Gram Panchayat Banda took place on 30th May, 1994 wherein the petitioner was declared as elected for the office of the Sarpanch. In the election, respondent No. 1 Ganesh Prasad was also one of the candidates. In the said contest there were three candidates, i.e. petitioner Bahoran Lal, respondent No. 1 Ganesh Prasad and respondent No. 2 Jagdish. It was a triangular contest. Petitioner Bahoran Lal having found to have received highest number of votes in the counting was declared as elected by the Returning Officer. This declaration of the petitioner as Sarpanch of Gram Panchayat Banda was challenged by means of an election petition under Section 122 of the M.P. Panchayat Raj Adhiniyam, 1993 (for brevity, hereinafter referred to as 'the Act'), the procedure regarding which is provided in the rules known as "The Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1991 (for brevity, hereinafter referred to as 'the Rules'). Copy of the election so filed is on the record of the Writ Petition 350/97 as Annexure-P/5.