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2012 Supreme(MP) 302

N.K.MODY
Rakesh – Appellant
Versus
Returning Officer, Panchayat Nirvachan – Respondent


Advocates:
Ms. Sonali Gupta for petitioner; Bhuvan Deshmukh, Goveornment Advocate for respondents No.1 to 9; C.L. Yadav and Manish Yadav for respondent No.10.

ORDER

1. Prayer in the petition is for quashment of order dated 16.8.2010 (Annexure P-3) passed by Sub-Divisional Officer, Neemuch in Case No.2/C-144/2009-10 whereby election petition filed by the petitioner was dismissed.

2. Short facts of the case are that in the election of Sarpanch of Gram Panchayat Chitakheda, which took place on 18.1.2010, Basantilal respondent No.10 was elected as Sarpanch. Elelction petition was filed by the petitioner under section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, wherein the validity of the election of Sarpanch held on 18.1.2010, was challenged. The application was filed by respondent No.10 under rule 3(2) and 8 of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 alleging that copies of the election petition filed by the petitioner ought to have been accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy was to be attested by the petitioner under his own signature to be a true copy of the petition. In the application, it was alleged that neither the requisite copies of the election petition were











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