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2022 Supreme(MP) 467

VIVEK RUSIA, AMAR NATH (KESHARWANI)
State Of Madhya Pradesh Election Commission – Appellant
Versus
Krishna Bai W/o Dinesh Kumar Patidar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SHRI UMESH GAJANKUSH WITH SHRI KAMAL NAYAN AIREN
For the Respondent: SHRI SAMEER ANANT ATHAWALE

ORDER :

VIVEK RUSIA, J.

The appellants (respondents No.2 to 4 in the writ petition) have filed the present writ appeal against order dated 20.6.2022 passed in W.P. No.13057/2022 whereby the learned Writ Court has directed them to allow the writ petitioner to cure the defects in nomination papers within 3 days and to proceed further as per the election program.

The facts of the case, in short, are as under :

1. The State Election Commission has declared the election program for Panchayat elections on 27.5.2022 under the provisions of Rule 31 of M.P. Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as “Nirvachan Niyam, 1995” for short). The writ petitioner submitted her Nomination Form for contesting the election for the post of Surpanch for Gram Panchayat, Village Kotada Bujurg, Tehsil Garoth, District Mandsaur under UR Category . Undisputedly Apart from others documents, she was required to submit “No Dues Certificate” issued by the Electricity Company along with Nomination Form . Instead of submitting the No Dues Certificate in her name, she has submitted the No Dues Certificate issued in the name of her husband. The Nomination Form was scrutinized by the Returning Officer on

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