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2012 Supreme(MP) 494

R.S.JHA
Kamlesh Nut – Appellant
Versus
Commissioner, Revenue Division, Shahdol – Respondent


Advocates:
Anil Dwivedi for petitioner; R.L. Ariha for respondent No.1.

ORDER

1. The petitioner has filed this petition being aggrieved by order dated 28.6.2010 passed by the Commissioner, Revenue Division, Shahdol and Election Tribunal in Election Petition Case No.36/Election Petition/2009-10.

2. The brief facts, leading to the filing of the present petition, are that the petitioner is the elected President of the Zila Panchayat, Shahdol. The respondent No.3, being aggrieved by the election of the petitioner, filed a election petition under the provisions of section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as ‘the Adhiniyam’) and rule 8 of M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as ‘the Rules’) before the Election Tribunal/Commissioner, Revenue Division, Shahdol.

3. The petitioner filed a preliminary objections as to the maintainability of the election petition on the ground that the election petition had not been filed by the respondent No.3 herself but had been filed by her advocate who was not specifically authorized to do so and that the copies of the election petition filed by the respondent No.3 did not con













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