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2016 Supreme(MP) 1071

SANJAY YADAV
Ganeshi Bai W/o Amar Singh – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioners: Shri Dayaram Vishwakarma, learned counsel.

ORDER

SANJAY YADAV, J.

1. Shri Dayaram Vishwakarma, learned counsel for the petitioner.

2. Heard on admission.

3. Petitioner takes exception to the order dated 24.8.2016 passed by Sub Divisional Officer, Gotegaon, district Narsinghpur; whereby, the Election Petition preferred by the petitioner under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 against the election of respondent No. 2 as Sarpanch, Gram Panchayat, Muoar, Janpad Panchayat Gotegaon has been dismissed for non-compliance of Rule 7 of Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, as the petitioner instead of depositing the security amount of Rs. 500/- with the Prescribed Authority deposited through challan in the Bank.

4. Rule 7 of 1995 Rules envisages:

"7. Deposit of security. - At the time of presentation of an election petition, the petitioner shall deposit with the specified officer a sum of Rs. Five Hundred as security. Where the election of more than one candidate is called in question, a separate deposit of an equivalent amount shall be required in respect of each such returned candidates."

5. Rule 8 of the Rules 1995 provides for t








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