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2007 Supreme(MP) 997

ABHAY M.NAIK
MOHAMMAD ISHA – Appellant
Versus
VASUDEO NEBHNANI – Respondent


Advocates Appeared:
RIYAZ MOHD, Vinod Mehta,

Judgment

( 1. ) RESPONDENT No. 1 was elected as Sarpanch of Gram panchayat Harda, Tahsil Nepanagar, District Burhanpur. Result of election was declared on 29-1-2005. On 18-2-2005, an Election Petition was submitted by the present petitioner against respondent No. 1. In the reply, respondent No. 1 raised an objection on account of non-joinder of respondents No. 2 and 3, who were stated to be candidates in the said election. Faced with this situation, election petitioner submitted an application on 5-5-2005 under Order 6, Rule 17 of Code of Civil Procedure for impleadment of respondents No. 2 and 3. Learned Sub divisional Officer vide his order dated 27-6-2005 allowed the application and permitted the election petitioner to join them in the Election Petition. Aggrieved by the said order which is marked as Annx. P/3, a revision application was submitted by respondent No. 1 before the Collector Burhanpur, who vide his order dated 6-2-2006 contained in Annx. P/5, allowed the revision application and set aside the order marked as Annx. P/3.

( 2. ) AGGRIEVED by the aforesaid, the election petitioner has preferred the present writ petition. ( 3. ) SHRI Vinod Mehta, learned Govt. Advocate, su




















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