Citation : 2023 Latest Caselaw 15422 MP
Judgement Date : 19 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MP No. 5508 of 2023
(SURENDRA CHADAR Vs HEMANT SINGH CHADAR AND OTHERS)
Dated : 19-09-2023
Shri R.B. Tiwari - Advocate for the petitioner.
It is submitted by counsel for the petitioner that the Election Tribunal
instead of verifying/recounting the votes has delegated its power to the
Returning Officer which is not permissible in the light of judgment passed by
Division Bench of this Court in the case of Smt. Sampat Devi vs. Sub-
Divisional-Officer-cum Prescribed Authority Niwadi reported in 2007 (3)
MPHT 462.
Issue notice to the respondents on payment of process fee by registered
AD mode, payable within three working days.
Notices are made returnable within a period of two weeks. In the meanwhile, the effect and operation of order dated 4/9/2023 passed by Election Tribunal-cum-Sub Divisional Officer (Revenue) Sagar in Appeal No.125/2022-23 shall remain stayed.
List on 13.10.2023 at the top of the list.
(G.S. AHLUWALIA) JUDGE
m/-
Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 9/19/2023 6:27:32 PM
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