SUJOY PAUL
Leelawati – Appellant
Versus
Kanhaiyalal – Respondent
Sujoy Paul, J.
1. Since these two matters are interconnected, with the consent of parties, the matters are analogously heard and decided by this common order.
2. The facts are in the narrow compass. The petitioner in Writ Petition No. 7476/2010 Smt. Leelawati was elected as a Sarpanch in Gram Panchayat Khirkhiri, which was called in question by one Shri Kanhaiyalal (respondent No.1 herein) by filing an election petition under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter called as the 'Adhiniyam'). This petition is directed against the order passed on 6-12-2010 (Annexure P/1) by the Specified Authority/Sub-Divisional Officer, Sheopur, whereby the election of the petitioner was quashed and under rule 23(1)(b) of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as the 'Rules of 1995') the post of Sarpanch is declared as vacant.
3. After the order dated 6-12-2010 (Annexure P/1), as a stop-gap arrangement, one Smt. Santobai (petitioner in W.P. No. 2957/2011) was elected as officiating Sarpanch of Gram Panchayat Khirkhiri on 18-3-2011 through el
1. Kumari Madhuri Patil and Anr. v. Addl. Commissioner
2. Roshanlal Maravi v. Shambhoo Singh and Ors. 2005 (1) MPLJ 467 (DB);
3. Ramcharan s/o. Chhotelal Adivasi and Anr. v. Govind Singh and Ors. 2010 (3) MPLJ 417;
4. S. Nagarajan v. District Collector (1997) 2 SCC 571;
5. Geeta v. State of Madhya Pradesh and Ors. (2007) 10 SCC 590;
7. Tribal Development; Desh Raj v. Bodh Raj (2008) 2 SCC 186;
9. Meena Singh v. Prescribed Authority-cum-Collector, Sidhi
11. Vinod Seth v. Devinder Bajaj and Anr. (2010) 8 SCC 1;
8. Union of India and Anr. v. Major Bahadur Singh (2006) 1 SCC 368;
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