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2016 Supreme(MP) 395

SUJOY PAUL
Rani Maraskole – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Naman Nagrath, Senior Advocate with Mohan Soursarker, Advocate For the Respondent:D.K. Bohre, Government Advocate, Mrigendra Singh, Senior Advocate with Amit Khatri, Advocate

JUDGMENT :

Sujoy Paul, J.

1. The petitioner contested the election of Sarpanch, Gram Panchayat, Kheritia Gram Panchayat Kheritaygaon, Tehsil Sausar, District Chhindwara. The petitioner contested the election of Sarpanch, Gram Panchayat, Kheritia Gram Panchayat Kheritaygaon, Tehsil Sausar, District Chhindwara.

2. The petitioner was elected as Sarpanch. The petitioner's election was called in question by the respondent No.4 by filing a petition under Section 122 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam' for short).

3. The petitioner entered appearance in the said proceedings of election petition and filed his reply. Admittedly, no issues were framed by the Election Tribunal. The election petitioner entered the witness box and deposed his statement. In due course, the petitioner also entered the witness box and deposed his statement.

4. The Tribunal passed the order dated 26.05.2015 (Annexure-P/6). In this impugned order, the Tribunal directed for recounting of the votes. Accordingly, certain Officers were delegated with the power to undertake the exercise of recounting.

5. The Tribunal passed another order impugned herein dated 2



















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