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VIVEK RUSIA
Mayaram Barbe – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Vivek Rusia, J.
The petitioner has filed the present petition challenging the order dated 27-9-2022 whereby respondent No. 7 has been declared Upsarpanch by drawing a lot.
Facts of the case in short are as under :
2. The petitioner and respondent No. 7 are two elected panch Gram Panchayat Atar Sambha, Tehsil Pati, District Barwani held in the year 2022. In the said election, 20 Panch were declared elected thereafter, Upsarpanch was notified by appointing respondent No. 6 as Presiding Officer for conducting the election.
3. In compliance of the order dated 26-7-2022 the respondent No. 6 called a meeting of all the Panch for the election of Sarpanch on 26-7-2022. The present petition and respondent No. 7 contested for the post of Upsarpanch by submitting a nomination paper. All the Panch casted their votes thereafter, the counting was started under Sub-Rule (6) of Rule 16 of M.P. Panchayat (Upsarpanch President and Vice President) Nirvachan Niyam, 1995 (for short “Nirvachan Niyam, 1995”). After the counting of the vote, one vote was rejected, 9 votes were found in favour of respondent No. 7 and 10 votes were found in favour of present petitioner and thereafter, certificate under R
The court emphasized the importance of adhering to the specific invalidity criteria for ballots as outlined in the election rules, reinforcing the Presiding Officer's authority in determining vote va....
The court affirmed that only marks made with the supplied instruments are valid for voting, reaffirming the mandatory nature of election rules to ensure fairness and secrecy in elections.
Discrepancies in ballot counts justify recounting in election disputes, emphasizing the need for clear allegations to breach ballot secrecy.
An election can only be declared void based on substantial evidence and specific grounds enumerated in the governing election rules.
Point of Law : Election Result – Challenged - Election petition had a jurisdictional error, therefore, the Tribunal was not justified to go into it as the very basis of exercising the jurisdiction wa....
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