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2008 Supreme(MP) 489

S.K.SETH
Urmila Oevi – Appellant
Versus
Returning Officer (Panchayat) – Respondent


ORDER

1. Petitioner is aggrieved by order dated 24.10.2005 passed by SDO, Indore. By the order impugned, the election petition preferred by the petitioner against Respondent NO.'2 was rejected on the ground of limitation, lack of proper verification and improper presentation of the election petition.

2. It is not in dispute that election to the office of Surpanch, Gram Panchayat, Chhota Bangarda, Tahsil and District Indore, were held in 2005. In the said election Respondent No.2 secured maximum votes, therefore, she was declared elected to the office of Surpanch. Said election was challenged in an election petition filed by the petitioner. The election petition was presented on 7.3.2005 by the counsel for the petitioner before the Competent Authority as is clear from the order-sheet filed along with this petition. After notice, the Returning Officer, Respondent No. 1 herein, filed reply which was adopted by the Respondent No.2 as is evidence from the order sheet recorded on 7.7.2005. An objection was take regard to maintainability of the election petition on the ground presentation of the election petition was not proper and contrary to R 3 of M.P. Panchayat (Election Petition, C










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