PARWATI BAI THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) HEARD.

(2.) BY filing this petition under Article 226/227 of the Constitution of india the petitioner has challenged the order dated 20-9-2006 passed by the additional Commissioner, Jabalpur Division in Case No. 298-B-121/2004-05.

(3.) THE third respondent had filed an election petition under Section 122 of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 ('act' for short) before the second respondent Prescribed Authority under the Act, challenging the election of the petitioner on the post of President, Zila panchayat, Jabalpur. In the said election petition the petitioner filed a preliminary objection in regard to the maintainability of the election petition on the ground of non-compliance of Rule 3 (2) of M. P. Panchayats (Election petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short 'rules' ). The said objection was rejected by the second respondent vide order dated 13-1-2006 (Annexure P-4 ). Against the said order the petitioner filed a Writ Petition No. 3380/2006 before this Court. The said writ petition was allowed vide order dated 3-4-2006 and the order dated 13-1-2006 passed by the second respondent was quashed and the matter was remitted to the second respondent to consider and decide the petitioner's objection by a speaking order.