1. Challenging the order, Annexure P-1 dated 11th July, 2006 passed by the Commissioner, Gwalior Division, Gwalior dismissing the Election. Petition No. 1012004-05 filed by the petitioner under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam, 1993"), petitioner has filed this petition.

2. Facts in a nutshell necessary for disposal of this petition are that the petitioner claims to be a resident of Basai, District Datia. She is an elected member of the Panchayat from Ward No.4. Similarly, respondent No.1 is elected as member from Ward No.6. The post of President, District Panchayat, Datia is reserved for woman belonging to general category. Election to the post of President was held on 23rd February, 2005 and for the said purpose, a meeting was called for in accordance with statutory rules presided over by the Collector, District Datia and in all ten elected members of the Panchayat were present in the meeting. Election for electing the President, District Panchayat was held in accordance with provisions of the Madhya Pradesh Panchayat (Up-Sarpanch, President and Vice-President) Nirvachan Niyam, 1995 (h