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SUBODH ABHYANKAR
Remsingh – Appellant
Versus
Sub Divisional Officer (Revenue) Bhikangaon, District Khargone (Madhya Pradesh) – Respondent
ORDER
1. Heard finally, with the consent of the parties.
2. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 13.1.2023, passed by respondent No.1/Sub-Divisional Officer (Revenue) in an Election Petition filed by the respondent No.2. The petitioner is the returned candidate, who was elected as Sarpanch from Gram Panchayat Borwal, Tehsil Jhirniyam, District Khargone (M.P.)
3. In brief, the facts of the case are that against the election of the petitioner, an election petition was filed by the respondent No. 2/Kailash Kirade on 21.7.2022. After the petitioner was served in the said election petition, an application under Order 7 rule 11 of the CPC was filed by him contending that the petition is liable to be dismissed as it does not confirm to the procedure as prescribed under rule 3 and 4 of M.P. Panchayat (Election Petitions, Corrupt Practices & Disqualification from Membership) Rules, 1995 (in short 'rules of 1995'). The petitioner's primary contention was that the petition has not been signed by the election petitioner and also that the necessary party as provided under Rule 4 has not been made a party. A reply to t
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