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2010 Supreme(MP) 1138

MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
Krishn Kumar Lahoti , Sushma Shrivastava, JJ.
Nirmala Pathak (Smt.) - Appellant
Versus
State of M.P. & Ors. - Respondent
W.A. No. 1182 of 2010
Decided On : 21-10-2010

Advocates Appeared:
For appellant :Mr. A.M.Trivedi, Senior Advocate with Mr. Sampoorn Tiwari, Advocate
For respondents no. 1, 3 , 6:Mr. R.D.Jain, Advocate General with Mr. Rahul Jain, Dy.AG
For respondent No. 2:Mr. Pankaj Dubey, Advocate
For respondent No. 7:Mr. Kishore Shrivastava Senior Advocate with Mr. Rakesh Jain, Advocate

JUDGMENT :

Krishn Kumar Lahoti, J. –

Thisappeal is directed against an order dated 26.10.2010 in Writ PetitionNo.12756/09, under Section 2 of the M.P. Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005. By the aforesaid order, learned SingleJudge disposed of the writ petition, preferred by the appellant, for pressingremedy of appeal before the appellate authority against the impugned orderdated 26.11.2009 Annexure P/12 passed by the Registration Officer, MunicipalCorporation (Nirvachan), Katni.

2.By order dated 26.11.2009, the Registration Officer,Municipal Corporation, Katni directed deletion of thename of the appellant from the voter-list. It will be pertinent to mention thatthe ordel* dated 26.11.2009 Annexure P/12 passerbythe Registration Officer, Municipal Corporation (Nirvachan)Katni was stayed by the learned Single Judge andafter the interim order passed by the learned Single Judge, the appellantherein contested the election of Mayor of Municipal Corporation, Katni and she defeated her nearest rival Smt.Alka Jain by a margin of votes of 5000.

3.This appeal was filed on 29.10.2010 and was placed before the Division Benchfor consideration. On 8.11.2010, a Division Bench of this Court passed an orderwhich reads thus:-

"8.11.2010

Shri A.M.Trivedi, learned seniorcounsel assisted by Shri AshishTrivedi, Advocate for the appellant.

Shri Sanjay Dwivedi, learned Government Advocate for respondents No. land 3 to6.

Shri Pankaj Dubey,learned counsel for respondent No.2. Shri Rakesh Jain, learned counsel for respondent No.7. When thematter was taken up today, at the outset, Shri A.M.Trivedi, learned senior counsel appearing for theappellant, stated that the appellant has been adv

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