Back
ROHIT ARYA
Guddi w/o Raghvendra Yadav – Appellant
Versus
Prescribed Authority Cum Sub Divisional officer, Niwadi – Respondent
ROHIT ARYA, J.
1. The election petitioner before the specified officer under the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, has approached this court taking exception to the order dated 6.8.2015 passed by the specified officer while dismissing the election petition under section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 for the reason of non-compliance of the mandatory requirement of Rule 3 (2) of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (in short 'Rules, 1995') in the matter of submission of copy of the attested election petition under his own signature to be a true copy of the petition.
2. The facts relevant for disposal of this writ petition are that an election petition was filed on 2.2.2015 assailing election of the respondent no.2 returned candidate on the post of Sarpanch of Gram Panchayat Taricharkhurd, Tahsil Niwadi, District Tikamgarh on several grounds. The election was held on 13.1.2015 and the result was declared on 17.1.2015.
3. On receipt of notice along with copy of the election petition, the respondent no. 2 had filed an objection on 17.6.2015 under Rule 3 (2) of the Rules,
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
