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2014 Supreme(MP) 1634

A.M.KHANWILKAR, SANJAY YADAV
AKHILESH PANDEY – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For the Petitioner:S.P. Mishra, Advocate.
For the Respondent:Swapnil Ganguly, Dy. Government Advocate.
For the State Election Commission : Siddharth Seth, learned Counsel.

ORDER :

1. Heard counsel for the parties.

2. This petition filed as Public Interest Litigation challenges the order issued by the State Election Commission dated 15.12.2014 notifying the elections for the concerned Panchayat.

3. Since the election programme has already commenced in terms of the impugned order, in view of the Constitutional bar under Article 243-O, it is not open for this Court to entertain this petition, that too on the ground which can be agitated by the aggrieved persons by filing election dispute as provided under the Rule 21(1)(d) (iv) of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. That provision enables the aggrieved person to challenge the election of the returned candidates on the ground of non-compliance with the provisions of the Act or Rules or Orders made thereunder.

4. In the present case, the argument is that the time frame specified in the impugned notification is not in conformity with Section 30 of the Representation of Peoples Act, 1951.

5. In the first place, the elections of Panchayat are governed by the provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 read wit




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