( 1. ) SHRI Chandra Bhan Singh and Shri Rao Khetsingh were elected members of Zila Panchayat, Damoh. Election of President, Zila Panchayat, Damoh was held on March 1, 2000 in which they contested against each other. Polling was followed by counting of votes. Shri Chandra Bhan Singh was declared elected and granted certificate to that effect under Rule 17 of the M. P. Panchayat (Up-Sarpanch, President, Vice-President) Nirvachan Niyam, 1995 (hereafter for short the Rules of 1995 ). Shri Rao Khetsingh immediately approached the Election Tribunal and obtained stay against issuance of notification under Rule 22 of the Rules of 1995. The Election Tribunal entertained the election petition and stayed issuance of notification. Finally, the election of Shri Chandra Bhan Singh was set aside. This order of Election Tribunal, passed at the instance of Shri Rao Khctsingh has been challenged through Writ Petition No. 2349 of 2000 by Shri Chandra Bhan Singh.

( 2. ) THE substance of challenge is thai Election Tribunal could not have entertained the election petition before the issuance of notification. Consequently, the proceedings of the Election Tribunal including the order setting aside