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2022 Supreme(MP) 200

VIVEK AGRAWAL
Employees’ Provident Fund Organisation – Appellant
Versus
Madhya Pradesh Election Commission – Respondent


Advocates:
Rahul Diwakar and Vijay Kumar Tripathi for petitioners; Ankit Agrawal, Government Advocate and Siddharth Seth for respondents.

ORDER

1. These writ petitions are taken up for analogous hearing on a Court Slip allowed by Hon’ble the Chief Justice.

2. Learned counsel for the respondent-M.P. State Election Commission has filed an application seeking vacation of stay as was granted by Coordinate Benches on 27.6.2022 and 24.6.2022, when these applications have been marked to this Court.

3. The issues raised in both the petitions are common. They have been filed respectively on behalf of Employees Provident Fund Organization and Jabalpur Division Insurance Employees Union (JDIEU), raising an important legal issue that petitioners or their employees do not fall within the four corners of the legal provisions contained in Madhya Pradesh Nagar Palika Nirvachan Niyam, 1994 (hereinafter referred to as “Rules of 1994” for short) or the provisions contained in Madhya Pradesh Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as “Rules of 1995” for short).

4. Chapter-III of the Rules of 1994 provides for Administrative Machinery for conducting elections. It is submitted that rule 11 of Rules of 1994, provides for Officers and Staff. Rules 11 and 17 are important which read as under :-

“11. Officers and Staff for c

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