FUNDIBAI Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 3-9-2010 passed by the Sub Divisional Officer, Sub Division Kannod, Dist. Dewas allowing the election petition of the respondent No. 2 and declaring her elected as Sarpanch.

(2.) In brief the petitioner along with respondent No. 2 and other candidates had contested the election for the post of Sarpanch Gram Panchayat Kheri, Janpad Panchayat Kanood, Distt. Dewas which was held on 24-1-2010. The result was declared on 3-2-2010 and the petitioner was declared as elected. The certificate in Form 25 in terms of Rule 83 of the M. P. Panchayat Nirvachan Niyam, 1994 was issued. The election of the petitioner was challenged by the respondent No. 2 before the Sub Divisional Officer and Sub Divisional Officer has passed the impugned order dated 3-9-2010 allowing the election petition, setting aside the election of the petitioner as Sarpanch and declaring the respondent No. 2 as elected Sarpanch.

(3.) Learned Counsel appearing for the petitioner submitted that the Sub Divisional Officer has committed an error in allowing the election petition. He further submitted that no objection was taken by the respondent No. 2 in terms of Rule 84 before the District Election Officer in respect of any error in the calculation mistake in the result sheet, therefore, the election petition could not have been allowed on that ground.