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2008 Supreme(MP) 807

A.M.NAIK
Mehboob Khan – Appellant
Versus
Lallu Bhai – Respondent


Advocates:
Imtiyaz Hussain and R.B. Patel for petitioner;
H.S. Verma for respondent No.1;
Harish Agnihotri, Government Advocate, for respondents No.7 to 9.

ORDER

1. Petitioner is a candidate whose election on the post of Member, Janpad Panchayat Ajaygarh has been declared as void by the Collector-cum-Specified Officer, District Panna, vide order dated 10.3.2008 marked as Annexure P-1.

2. Petitioner was elected as Member of Janpad Panchayat Ajaygarh on 27.1.2005. His election was challenged by respondent No.1 by filing election petition under section 122 of Madhya Pradesh Pane hay at Raj Evam Gram Swaraj Adhiniyam, 1993, mainly on the following grounds:

(i) Petitioner suppressed his agricultural land situated at Village Chandrawal and Pugri;

(ii) He suppressed LIC policy bearing No.31219505l. He did not mention about the tractor and motorcycle which were owned by him;

(iii) Petitioner acted with cruelty and ousted his wife who was having pregnancy of six months. He was having already three children prior to 26.1.2001;

(iv) Petitioner was in arrears of land revenue;

(v) Petitioner did not disclose the aforesaid facts in the nomination papers and the affidavit accompanying it. The Returning Officer did not decide the objections about incorrect and wrong information and further about suppression in the affidavit.

3. Petitioner in his reply to the





















































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