Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court
1 year, 10 months ago

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

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The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer, wherein the proceedings under Section 122 of the M.P. The procedure as laid down under the provisions of the CPC for trying the suit is to be followed in cases where election petitions are tried under Section 122 of M.P. The petitioner submitted before the court that as per the provisions under Rule 11 of the Rules of 1995, the authority should have proceeded in the matter as per the provisions under CPC. However, it was conceded that considering the case laws cited by the petitioner, the matter ought to be sent back to the SDO to hear the election petition afresh in accordance with Rule 11 of the Rules of 1995.

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