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2018 Supreme(MP) 225

VANDANA KASREKAR
Balwan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Naman Nagrath, learned senior counsel with Shri Himanshu Mishra, learned counsel
For the Respondent:Shri Amit Seth, learned Govt. Advocate, Shri P.R. Bhave, learned senior counsel with Shri Amrit Lal Gupta

ORDER :

The petitioner has filed the present writ petition challenging the orders dated 26/04/2016 and 22/10/2016 passed by respondents No.3 and 4.

2. The election was held for the post of Sarpanch at Gram Panchayat, Rehli, Tah.Udaypura, Distt. Raisen on 05/02/2015. The petitioner and respondents No.5 to 11 have filed their nomination papers for the said post. On the same date counting of votes has been made and the petitioner secured 280 votes and respondent No.5 has also secured 280 votes. Since the petitioner as well as respondent No.5 secured the same number of votes, therefore, the Presiding Officer has decided to declare the result of election on the basis of lottery basis. On that basis the petitioner won the election and declared Sarpanch of Gram Panchayat, Rehli. Respondent No.5 on 07/02/2015 has raised an objection for the first time about two votes wrongly counted. Respondent No.5 participated in the draw of lots without any objection or reserving right to challenge outcome. Respondent No.5 thereafter filed an election petition under Section 122 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam') on 28/02/2015 and prayed for r
























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