A.K. Shrivastava, J.

1. By this petition under Article 227 of the Constitution of India, the Petitioner/election Petitioner (hereinafter referred to as 'election Petitioner') has challenged the validity of the impugned order dated 31-5-2010 by which the Election Tribunal has dismissed the election petition of the election Petitioner on account of non-compliance of Rules 3(2) and 8 of Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred as the Rules).

3. The facts leading to this petition lie in a narrow compass. Suffice it to say that the Petitioner who is a voter has filed an election petition before the Election Tribunal praying to declare the election of Respondent No. 1 on the post of Sarpanch of Gram Panchayat, Bharatpur to be illegal since she was not having requisite qualification to contest the election of the said Gram Panchayat.

4. The election petition was filed on 18-2-2010. On bare perusal of the order sheet of that date, it is gathered that the Respondent No. 1 was directed to be summoned on payment of process fee. Accordingly, summons were issued but returned back unserved. On 15-3-2