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2017 Supreme(MP) 922

HEMANT GUPTA, VIJAY KUMAR SHUKLA
Ajay Kumar Dohar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant :Shri Rohit Sohgaura, Advocate.
For the Respondent:Shri Pradeep Singh, Govt. Advocate, Shri Siddharth Seth, Advocate.

ORDER :

HEMANT GUPTA, CJ.

1. The challenge in the present appeal is to an order passed by the learned Single Bench on 20.7.2017 in W.P. No.20968/2016, whereby the challenge to an order passed by the State Election Commission (for short “the Commission”) on 21.11.2016, disqualifying the appellant to contest the election for five years under Section 32-C of the M.P. Municipalities Act, 1961 (for short the Act), remained unsuccessful.

2. The appellant contested the election to the office of President, Municipal Council Jaitwara for which polling was held on 2.12.2014. In the said election, the appellant was declared as a returned candidate on 7.12.2014. The appellant filed the election expenses within time granted. The appellant was served with a notice dated 17.3.2015 on the ground that the Part I and II, of the expenses book, and Annexure 1 to 9 of the election expenses furnished after the poll are incomplete and to explain as to why the expenses were not done through the bank account. The reply of the appellant is that he be given time for completion of the incomplete document but, in respect of expenses through bank, the assertion of the appellant was that he has incurred the electio











































































































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