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2022 Supreme(MP) 209

GURPAL SINGH AHLUWALIA
Damini Moghia – Appellant
Versus
State of M. P. – Respondent


Advocates:
H.K. Shukla for petitioner; Sanjay Kumar Sharma, Government Advocate, for state; Siddharth Sharma for respondent No. 1.

ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

1. The impugned order passed by Tahsildar by returning officer annexure P-1 be quash.

2. The respondent be directed to allow the petitioner to contest the election of Sarpanch of Village Panchayat Salauta Tehsil Maksudangarh Guna.

3. Cost of this litigation may also be awarded or any other suitable order to ensure the substantial justice may be passed.

2. It is submitted by the counsel for the petitioner that she had submitted her nomination paper for the post of Sarpanch of Gram Panchayat Salauta, District Guna. However, the said nomination paper has been rejected.

3. Heard the learned counsel for the parties.

4. Article 243-O(b) of the Constitution of India reads as under:-

“243O. Bar to interference by courts in electoral matters.-- Notwithstanding anything in this Constitution --

(a) xx xx

(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the legislature of a State.”

5. The Supreme in the case of Election Commission

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