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2007 Supreme(MP) 930

R.S.GARG, R.S.JHA
LATA PATLE – Appellant
Versus
SMT. KAMLESH GAUTAM – Respondent


Advocates Appeared:
ALOK PATHAK, P.C.PALIVAL, VIPIN YADAV,

Judgment

( 1. ) THE appellant/petitioner being aggrieved by the order dated 10-5-2007 passed by the learned single Judge in Writ Petition No. 15573/2006 whereby the writ application filed by the petitioner was dismissed, is before this court with a submission that the learned single Judge without appreciating the facts has wrongly rejected the writ petition.

( 2. ) THE short facts necessary for the disposal of the present appeal are that the petitioner Smt. Lata Patle and the contesting respondent Smt. Kamlesh gautam contested the election to the office of the Sarpanch, Gram Panchayat, chimnakhari. The respondent was declared returned candidate, the petitioner being aggrieved by the result of the election challenged the result of the declaration by filing election petition under section 122 of the M. P. Panchayat and Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the act) on various grounds. In that writ petition Smt. Lata Patle made an application for recounting of the votes. It is to be noticed that the election petition was filed on 10-2-2005, the Presiding Officer after going through the election petition and the documents annexed with it directed that notices be issued

























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