ALOK ARADHE
Neki Bai – Appellant
Versus
Mithlesh – Respondent
Alok Aradfge, J.
1. Shri K. N. Gupta, learned Senior Counsel with Shri F. A. Shah, learned Counsel for the Petitioner.
Shri V. K. Bharadwaj, learned Senior Counsel with Shri Raja Sharma, learned Counsel for Respondent No. 1.
Ms. Nidhi Patankar, learned Deputy Government Advocate for the State.
Shri Sanjiv Jain, learned Counsel for Respondent No. 8.
With the consent of the parties, the matter is heard finally.
2. In this writ petition preferred under Article 226 of the Constitution of India, the Petitioner has assailed the validity of the order dated 25-5-2010 passed by the Sub-Divisional Officer, Nateran by which election petition preferred by Respondent No. 1 under Section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Act) has been allowed and a direction for recount of the votes has been issued.
3. Facts leading to filing of the petition are that election for the post of Sarpanch of Gram Panchayat, Sangrampur, District Vidisha were held on 21-1-2010. The Petitioner as well as the Respondent No. 1 and Respondent No. 8 contested the aforesaid election. The Petitioner was declared elected. Respondent No. 1 and Respondent No. 8
1. Sohan Lal v. Babu Gandhi and Ors. 2003(2) MPLJ (SC) 215 : (2003) 1 SCC 108;
3. Shriniwas Tiwari v. Rajkumar Urmalia and Ors. 2010(5) MPLJ 1 : (2010) 5 MPHT 212;
5. Rajesh Kumar Banshkar v. Malti Parmar and Ors. 2008(4) MPLJ 375;
6. Rameshchandra Bhilala v. Bashir and Ors. 2010(4) MPLJ 563 : 2011(1) MPHT 35;
7. Ram Rati v. Sub-Divisional Officer
9. Ku. Shardha Devi v. Chandra Pant and Ors. AIR 1982 SC 1569;
10. Shri Satyanarain Dudhani v. Uday Kumar Singh and Ors. AIR 1993 SC 367;
11. Mahender Pratap v. Krishna Pal and Ors. (2003) 1 SCC 390;
12. M. Chinnasamy v. K.C. Palanisamy and Ors. (2004) 6 SCC 341
2. Chandrika Prasad Yadav v. State of Bihar and Ors. (2004) 6 SCC 331;
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