Hasan Beg vs Mohan Singh
2023 Latest Caselaw 1407 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             WP No. 1498 of 2023
                       (HASAN BEG Vs MOHAN SINGH AND OTHERS)

Dated : 24-01-2023
      Shri N.K.Gupta - learned Sr. Advocate - with Ms. Rashi Kushwah -

Advocate - for the petitioner.

      Heard on the question of admission and interim relief.
      The present petition under Article 226 of the Constitution of India has
been preferred being aggrieved by the order dated 29.12.2022 passed in

Election Petition No.07/A-89/2022-23 by SDO, Sironj Distt. Vidisha whereby,
an application for dismissing the election petition for want of proper
authorization from the election petitioner to the Advocate to present the petition,
was rejected.
      It has been argued by counsel for the petitioner that presentation of
election petition before SDO was in utter violation of Rule 3 read with Rule 8 of
M.P. Panchayats (Election Petition Corrupt Practices and Disqualification for
Membership) Rules 1995 (for brevity `Rules of 1995') which provides that an
election petition shall be presented to the specified officer during office hours

by the person making the petition, or by a person authorized in writing in this
behalf by the person making the petition. From bare perusal of the election
petition as well as Vakalatnama filed along with the election petition, the petition
appears to have been presented by the counsel which is reflected from the first
page of the election petition as well as from the Vakalanama which bears no
signature of the election petitioner authorizing the Advocate to appear on his
behalf and present the election petition.
      For bolstering his submissions, learned counsel for the petitioner has
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relied upon the judgment rendered by this Court in Tara Vs. Dabla Lalita
reported in 2002 (3) MPLJ 591 and Geeta Devi Yadav (Smt) Vs. Smt.
Archana reported in 2008 (2) JLJ 34.
                    After hearing counsel for the petitioner,   the order dated 29.12.2022
(Annexure P/1) does not appear to be legal therefore, it is directed that further
proceedings before SDO Sironj Distt. Vidisha in Election Petition No.07/A-
89/2022-23 shall remain stayed till the next date of hearing.
                    Issue notice to the respondents on payment of process fee within four

working days by registered A.D. post as well as by ordinary mode, returnable within four weeks.

List this case in the week commencing 13th March, 2023.

(MILIND RAMESH PHADKE) JUDGE

Rks

RAM KUMAR SHARMA 2023.01.24 18:05:39 +05'30'