T.N.SINGH, K.K.VERMA
Bacchanlal – Appellant
Versus
State of Madhya Pradesh – Respondent
( 1. ) TWO unsuccessful candidates have joined hands in this petition challenging the election held for the Office of Sarpanch of Gram Panchayat, Mohana, the result of which was declared on 6-2-1989 in favour of respondent No. 4, Chhote Singh son of Mangal Singh. When the petition was admitted, care was taken to limit the scope of controversy to the question whether the election process as a whole was vitiated as a result of the symbol "lotus Flower" being printed on the ballot paper resulting in the voters being misguided. Accordingly, we are required to resolve in this matter that controversy only.
( 2. ) THE crucial facts in regard to that controversy are mostly admitted, manifested albeit on the face of Annexure P/1 of the petition and R/1 of the common return of three respondents -Collector, District Gwalior; Gram Panchayat Mohana, Tahsil Ghatigaon; and the Assistant Returning Officer. The ballot paper used in the election is Annexure P/1 on which 11 different symbols are printed vertically, in tandem, following indeed the order in which the symbols are mentioned in the relevant Rule 31 (2) to which we shall advert in due course. It will suffice to note here this much
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