1995 Supreme(MP) 1130

IN THE HIGH COURT OF MADHYA PRADESH
T.S. Doabia, J.
Rambharosa - Petitioner
Versus
State of M.P. - Respondent
W.P. No. 537 of 1995 (G)
Decided On : 24-07-1995

Headnote:Panchayat (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1991 (M.P.) – – R. 3 (2) – – requirement of the provision not complied with – – no decision on merits can be given.

        Short Note

       1. Heard.

       2. The only point which has been raised at the time of argument is that the question as to whether Rule 3 (2) of the Madhya Pradesh Panchayat (Election Petitions, Corrupt Practices and Disqualifications for Membership) Rules, 1991 are mandatory or not. This matter was considered by this Court in Writ Petition No. 47 of 1995 [1995 (2) Vidhi Bhasvar 309] decided on 28.3.1995. and Writ Petition No. 154 of 1995, decided on the same date. It was held that unless and untill the petitioner complies with the requirement of Rule 3 (2) of Rules, no decision on merits can be given.

       3. The Officer adjudicating upon the matter took note of this objection, but has not given any decision.

       4. In this view of the matter, the respondent No.3 is directed to re – decide the matter. The question as to whether Rule 3 (2) of the Rules is mandatory or not would be decided first. Annexure P/1 is quashed. A fresh order in accordance with law be passed, Copies of aforementioned decision be produced before the Election Court.

       5. Disposed of accordingly.