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2015 Supreme(MP) 578

PRAKASH SHRIVASTAVA
Satish – Appellant
Versus
M. P. State Election Commission – Respondent


Advocates:
Akash Rathi for petitioners; Sunil Jain with A. K. Khare for respondents No.1 to 3; Ms. M. Ravindran for respondent No.4;
Ajay Bagadiya for respondents No.5 & 6.

ORDER

1. Heard finally with consent.

2. This writ petition has been filed by the petitioners challenging the order of M.P. State Election Commission dated 16.1.2015 countermanding the election to the post of Sarpanch for Gram Panchayat Kansrod, Tahsil Pachore, District Rajgarh.

3. The case of petitioners is that the elections were notified under rule 28 of M.P. Panchayat Nirvachan Niyam, 1995 (for short Rules, 1995) and nomination forms for the seat of Sarpanch for Gram Panchayat Kansrod Tahsil Pachore were invited from 1.1.2015 to 7.1.2015. The scrutiny of nomination paper was scheduled for 8.1.2015 and the polling was to take place on 22.2.2015. Further case of petitioners is that petitioner No.2 had submitted the nomination paper and after its scrutiny the nomination paper of petitioner No.2 was accepted. Petitioner No.1 had objected to the inclusion of name of respondents No.5 and 6 in the voter list and after enquiry name was deleted from voter list by the order of Sub Divisional Officer dated 7.1.2015 and nomination paper of respondent No.6 was rejected by Returning Officer on 8.1.2015. The respondents No.5 and 6 had challenged the order of rejection of Nomination form before r


















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