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1970 Supreme(MP) 114

SHIV DAYAL, S.M.N.RAINA
CHAMPALAL – Appellant
Versus
STATE OF MADHYA PRADESH THROUGH THE CHIEF SECRETARY, – Respondent


Advocates Appeared:
G.P.Patankar, R.S.Bajpai

SHIV DAYAL, J.

( 1 ) THIS is a petition under Article 226 of the Constitution for a writ of mandamus to hold the election of 5 Panchas of the Gram Panchayat, Piprai, and not to give effect to the order of the Collector dated November 4, 1969, whereby the notification calling the election was cancelled.

( 2 ) UNDER the M. P. Panchayats Act, 1962, election to the Gram Panchayat, Piprai, was held and the petitioner was elected a Panch from ward No. 3. The Panchayat consists of 18 elected and 3 selected Panchas.

( 3 ) KOMALCHAND Jain was elected Sarpanch under Section 21 of the Act, but on June 22, 1967, he resigned. He, however, continued to work upto July 31, 1967. On the last mentioned date, the charge was handed over by Komalchand Jain to the Up-Sarpanch Ejaz Ahmed. Ejaz Ahmed acted as Sarpanch exactly for one year.

( 4 ) ON July 31, 1968, a fresh election of the Sarpanch was held. The petitioner was elected the Sarpanch. On September 2, 1968, the election of Champalal as Sarpanch was notified. On September 18, 1968, however, the Collector directed that Champalal should not be given charge of the Sarpanch. On October 14, 1968, the Collector revoked his order and directed that the c




























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