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2007 Supreme(MP) 966

VINEY MITTAL
SATYA NARAYAN s/o ONKARLALJI PATIDAR – Appellant
Versus
ADDITIONAL COMMISSIONER, UJJAIN – Respondent


Advocates Appeared:
A.K.Sethi, AVINASH YADAV, C.L.Yadav, S.S.SHARMA, UMESH GAYANKUSH,

Judgment

( 1. ) PETITIONER before this Court is an election petitioner. He had challenged the election of respondent No. 2, Prabhu who was declared as elected to the post, of Member of the Zila Panchayat Ratlam.

( 2. ) ELECTIONS to the post of Member of the Zila Panchayat Ratlam were held on January 29, 2005. Respondent No. 2 Prabhu, was declared as a winning candidate. Vide an election petition filed on February 28, 2005 under the provisions of section 122 of the Madhya Pradesh Panchayat Raj Evem Gram swaraj Adhiniyam, 1993 (hereinafter referred to as Act), the petitioner challenged the aforesaid election. Vide an order dated July 26, 2005, the election petition filed by the said election petitioner was dismissed holding the same to be barred by limitation.

( 3. ) IT further appears from the record that the order dated July 26, 2005 passed by the Specified Authority (Competent Authority under section 122 of the act) was challenged by the election petitioner under section 91 of the Act read with Rule 3 of the Madhya Pradesh Panchayats (Appeal and Revision) Rules, 1995. An order dated November 8, 2005 appears to have been passed by the appellate Authority whereby the aforesaid appeal f










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