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1995 Supreme(MP) 800

T.S.DOABIA
Kailash Narayan – Appellant
Versus
Namdar – Respondent


Advocates:
M.M. Kaushik for petitioner; A.M. Naik for respondents.

ORDER

1. An election-petition preferred by the petitioner challenging the election conducted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam) stand dismissed. The basis for dismissal is that full security amount was not deposited, at the time of presentation of the petition. The petitioner submits that initially a sum of Rs. 50/- was deposited. He further submits that later on this deficiency was made good and a further sum of Rs. 200/- was deposited. He submits that as the deficiency was made good during the period of limitation, therefore, the petition could not be dismissed. The relevant rules which deal with deposit of security and presentation of election petition be noticed. These are rules 3, 7 and 8 of the Madhya Pradesh Panchayats (Election Petition Corrupt Practices and Disqualification for Membership) Rules, 1991. These read as under :-

"3. Presentation of Elections Petitions--

(1) The election petition shall be presented to the prescribed authority during the office hours by the person making the petition, or a person authorised, in writing, in this behalf by the person making the petition within 30 days from the date on w





















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