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2001 Supreme(MP) 366

DIPAK MISRA, S.K.KULSHRESTHA
Sarla Tripathi – Appellant
Versus
Kaushilya Devi – Respondent


Advocates:
L.S. Baghel with Rajendra Tiwari and J.L. Mishra for petitioner;
V.K. Shukla for respondent No.1;
R.S. Jha, Deputy Advocate General for State.

ORDER

Kulshrestha, J. -- 1. Noticing an apparent conflict with regard to the requirement of security deposit with the election petition challenging election under the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Panchayat Act') in two sets of decisions, one of us (Dipak Misra, J.) has referred the question as to whether the security deposit under rule 7 of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as 'the Election Petition Rules') is required to be made only at the time of presentation of the election petition or the deposit can even be made thereafter within the period of limitation prescribed for presenting such petitions, for authoritative pronouncement. The petitioner has filed this petition challenging the order dated 20.11.2000 (Annexure P-5) passed by the Commissioner, Rewa Division, Rewa, by which he has set aside the order dated 17.7.2000 passed by the Additional Collector, Rewa, in Case No. 10/C-134/99-2000. The petitioner was elected as Sarpanch of Gram Panchayat, Ratangaonwa in election held on 1.2.2000. The election of the petitioner was challenged by the re























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