Madhya Pradesh Court November 2007 Judgments
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State of Madhya Pradesh and ors. Vs. Chandra Shekhar Azad Shiksha Pras ...
Court: Madhya Pradesh
Decided on: Nov-02-2007
Reported in: AIR2008MP128; 2008(1)MPHT123
ORDERA.K. Patnaik, C.J.1. This is a reference made to the Full Bench by an order dated 27-10-2006 passed by the Division Bench in W.A. No. 138/2006.2. The facts leading to the reference are that the respondent is a Society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (for short 'the Act'). By an order dated 30-10-2003, the State Government in exercise of its powers under Section 33 of the Act superseded the governing body of the respondent Society and appointed an administrator of the Society for a period of one year or till the conduct of the election whichever was earlier. The respondent Society challenged the order dated 30-10-2003 of the State Government in W.P. No. 478/2004 before this Court contending that the respondent Society has not been paid any grant-in-aid since 2001 and the respondent Society cannot be superseded under Section 33 of the Act, which provided that only a State aided Society can be superseded. The appellants in their return filed ...
Smt. Birjha Bai Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-01-2007
Reported in: 2008(1)MPHT203
ORDERDipak Misra, J.1. In this intra-court appeal preferred under Section 2(1) of the M.P. Uchcha Nyaylayay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the legal propriety of the order dated 12.9.2006 passed by the learned Single Judge in W.P. No. 15329/2005 is called in question.2. The facts which are imperative to be enumerated are that the appellant- petitioner (hereinafter referred to as 'the petitioner') filed an election petition No. 1A/89/2004-05 before the S.D.O. Baihar, the Prescribed Authority, under the provisions of Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short 'the Act'). It was urged before the Election Tribunal that the election for the post of Sarpanch for Gram Panchayat, Kukrra was held on on 19.1.2005. In the said election there was a triangular contest wherein the petitioner-appellant obtained 320 votes and the respondents No. 7 and 8 secured 321 and 319 respectively. During the counting of votes for Booth Nos. 19 and 20 ...
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