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2000 Supreme(MP) 1075

A.M.SAPRE
Hukumchand – Appellant
Versus
Dheer Ji – Respondent


Advocates:
S.C. Agrawal for petitioner; S.I. Gwaliory for respondent No. 1;
L.R. Bhatnagar for respondent Nos. 2 and 3;
S. Mukati for respondent Nos. 4 to 6.

ORDER

1. In this petition and also in other connected petitions filed under Articles 226 and 227 of the Constitution of India, one of the preliminary issue raised by the respondents, or I may say, one of the issue that cropped up for consideration was whether petition under Articles 226 or land 227 can he entertained against an order, whether final or interim, passed under the provisions of M.P. Panchayat Raj Adhiniyam 1993 (hereinafter referred to as an Act) ? or whether this Court would decline to interfere in the petition on the ground of an alternative statutory remedy available to the petitioner under the Act by way of an appeal or Revision as the case may be. In other words, the question that falls for consideration as one of the preliminary issue is whether an alternative remedy of appeal/revision for challenging an adverse order is available to the petitioner under the Act and if so should this Court entertain the writ. Yet another issue that falls for consideration is, if the remedy of appeal/revision is available then, against which order namely, final or interim, passed by specified authority in an election petition under the Act/Rules, it is so available ? These are broa






















































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