1993 (7) TMI 336

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....ayat Samithi Mandal Panchayats and Nyaya Panchayats 1983 Act for short the Act by 17 elected and 2 nominated members of the Samithi had resigned. In consequence the election for Pradhan was to be held on May 27, 1992asperthe K.Z.P.T.P.S., M.P. and N.P. (Conduct of Election) Amendment Rules, 1987 for short 'the rules'. One Jayaprakash Rai, 5th respondent herein had filed Writ Petition No. 1....

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.... was filed by Jayaprakash Rai. As a consequence of the stay granted, Sadananda was declared elected as Pradhan. The Writ Petition No. 16150/92 was dismissed. The Writ Petition No. 16564/92 filed by the appellant for a declaration that the election of the 4th respondent as illegal as well as Writ Appeal No. 2131/92 followed thereon were dismissed, the later on December 15, 1992. Assailing the corre....

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..... Similarly when 5th respondent has not even filed nomination for Pradhan's election, it is obvious that he filed the writ petition, had ex parte order restraining the participation and exercise of the franchise. by two members, it was not only not a bona fide action,but also to aid and help Sadananda getting elected as Pradhan. In these circumstances, the finding of the learned single Judge t....

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....e put in the position prior to election and he is so entitled to. It is but proper and higher duty of the High Court to see that its judicial process is not abused and its order does not become an instrument or aid to overreach the adversary and when that interference or finding could be reached on proper consideration of the facts and circumstances, suitable remedy be given. We are informed that ....