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2002 Supreme(MP) 542

RAJENDRA MENON
Kalka Prasad – Appellant
Versus
Ramji Lal – Respondent


Advocates Appeared:
R.D.Jain, S.K.JAIN,

Judgment

( 1. ) PETITIONER aggrieved by order Annexure P-1, dated 18-1-99 passed in Election Petition No. 8/93-94 has filed this petition. By the impugned order the election of the petitioner as Sarpanch of Gram Panchayat has been set aside.

( 2. ) THE petition was admitted for hearing on 23-1-99 and the order Annexure P-1 was stayed. Accordingly, the petitioner is still holding the post of Sarpanch of the Gram Panchayat.

( 3. ) THE election of the Gram Panchayat, Bhaguapura was notified and election to the post of Sarpanch was held on 23-5-94. The post was reserved for the backward class candidates.

( 4. ) THE petitioner contested the election and was declared elected. Respondent No. 1 Ramjilal filed a petition inter alia contending that the nomination papers of respondent No. 6 Raghuveer was illegally accepted, Raghuveer was not a member of the backward class, acceptance of his nomination papers according to the petitioner violates the entire election process. In the election petition the allegations were with regard to acceptance of nomination papers of respondent No. 6. The petitioner had secured 310 votes and respondent No. 6 had secured 13 votes. According to the petitioner even














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