RAJU Vs. SAHAB SINGH

JUDGEMENT

(1.) In this intra Court appeal preferred under section 2 (1) of the M.P. Uchchha Nayayalaya (Khand Nyaya Peeth Ko Appeal Adhiniyam, 2005, the faultlessness of the order dated 13/7/2007 passed by the learned Single Judge in W.P. No. 7884 of 2007 is called in question.

(2.) The factual matrix which is requisite to be exposited is that the appellant and the respondent No. 1, Sahab Singh, contested in the elected for the post of Sarpanch of Gram Panchayat Khiriya Shankar, Tahsil Pathariya, District Damoh in the Panchayat Election of 2005. The appellant was elected as Sarpanch and his election was called in question under section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for brevity 'the 1993 Act"). It was contended in the election petition that initially the appellant was allotted symbol of 'Lock and Key'. On the basis of the said allotted symbol, he started campaigning in the most sincerest manner but after the counting of votes, he came to know that he was allotted the symbol "Farmer sifting the Grain". At the time of counting, the counting authorities counted the votes which were cast on the symbol of "Lock and Key" in favour of Raju s/o Jhunni Kurmi (Patel). It was contended that 85% people of the said locality were illitrerate and they were aware that the election petitioner was allotted the symbol of "Lock and Key" and on that basis, the votes were cast. It was contended that the symbol was changed and modified without following due procedure of law inasmuch as he had no notice of the same and because of the said change, the entire process of election had been affected and it should be declared void.

(3.) In the said election petition, the Returning Officer filed his reply stating inter-alia that: