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2002 Supreme(MP) 870

A.K.MISHRA
Jamuna Prasad – Appellant
Versus
Harinarayan – Respondent


Advocates Appeared:
Sanjeev Mishra for petitioner;
Vaibhav Tiwari for respondent No.1;
Ashok Agrawal, Panel Lawyer for respondent No.2.

ORDER

1. Election petition filed by the petitioner has been dismissed as per order P-4 passed by the SDO on 19.12.2001. On the ground of non-joinder of other contesting candidates.

2. The propriety of the order P-4 is questioned by the petitioner on the ground that the petitioner has not prayed for declaration that he himself or another candidate has been duly elected, as such, it is not necessary for him to join all contesting candidates as per rule 4 of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995.

3. Petitioner filed an election petition P-1 before the prescribed authority SDO, Sehore for setting aside the election of Shri Harinarayan respondent No. 1 who was elected as Sarpanch of Gram Panchayat, Badkheda Kharet, Tehsil and District Sehore. The solitary ground on which the election of respondent No. 1 has been challenged is that he was holding the post of Chairman of Sewa Sahakari Samiti Maryadit, Doraha, hence, could not contest the election as per provision of sub-section (1) of section 17 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. Clause (iii) of sub-section (1) of section 17 provides that in every















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