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Remedy when available.-(l) The remedy of filing election petition is available only when the election is notified. Sugnabai v. Election Officer, 1996 JLJ 48 = 1996 MPLJ 134. (2) Petition not necessary when person disqualified for the post of office bearer.-Respondent NO.7disqualified for being office bearer of Panchayat on ground ofnon disclosure that !:Iehad been convicted for offence of murder, this fact not denied by him. He taised objection that he could be disqualified only by way of filing election petition. Held, that Article 243-0 cannot destroy basic structure ofjudicial review under Article 226 of the Constitution. High Court is not prevented from declaration as to qualifica- tion under Article 226. Election ofmember set aside. Ramkumar v. State of M.P., 2013 (4) MPLJ 207 = 2013(4) MPHT 161 = ILR 2013 MP 1578. 7-A. Amendment application.-!I] Seeking amendment for joinder - Barred by limitation.-After 3 months from the date of Notification of elec- ., (PA)166 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 S.122 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)165 .I • • S. 122 . . • • • totally inconsequential. Rejection of nomination paper is a ground for filing election petition under Rule 21 of the rules but said rule has to succumb to the letter and spirit of language employed under S.122 of the Act which bars filing of election petition in absence of notification. When the Act does not permit filing of petition, rule renders no assistance to the person aggrieved. Ajab Rao v. State of M.P., AIR 2001 M.P. 296=2001 (3) MPLJ 251=2001 (4) MPHT461. [3]Procedure to be followed by S.D.O. if petition is incompetent • .-When an election petition was not duly constituted is filed before the S.D.O. and the S.D.a. finds that the question raised in the petition can be con- veniently decided by a higher officer in exercise of the powers under S.36 then a reference certainly could be made by him because S.36(3) clearly provides that the Collector may give his decision either on an application made to him by any person or on his own motion. Bhllvaneshwar Prasad v. State of M.P., 2009(1) MPLJ 434 (DB) = AIR 2009 (NOC) 242'MP (DB) = 2008(5) MPHT 72 (DB) = 2008(3) JLJ 293. [4] Invalid Dismissal.-On the ground of pre-mature and election has not been notified.-Counting of votes took place and results declared there were irregularities in it. The SDO did not care to find out as to when and in what manner the result was declared and election was notified. He simply mentioned.in the order that as the. election is not notified and the election . petitionfiled before 'notificationl. pre:matu're: There is no enquirybythe . election tribunal with regard to the fact as towhen and in what manner the election results and the election itself was notified. Held that the SDO not considered all questions and has dismissed the petition even without in- dicating a date when the election is said to have been notified and the results were declared. Instead ofconsidering the question properly after conducting proper enquiry action taken for dismissing the election petition only on the ground that election in not notified was not proper. The order of SDO has to be quashed. Rauindra Singh u. SDO cum Prescribed Authority, Datia, 2006(3) MPW 570 =2006(3) MPHT 150.- .... _._- [5] Election petition not maintainable when vacancy was filled up as provided under S.38.-No election petition is maintainable when a vacancy is filled up in accordance with the provisions contained in 8.38. Order passed by specified officer setting aside the election of Sarpanch under 8.38 was set aside by Collector in exercise of his revisional powers. Order ofCollector not bad in law. Shiulwmar u. Collector,Mandla, 2001 (2) MPLJ 464 = AIR 2001 NOC 107 MP = 2001 (5) MPHT 619. [61 Petiti()nJncompetent.-Where a petition is held to be incompetent, any finding given in such petition cannot-be.held.to'be final. Anjana Mulkalwar u. State of M.P., 1998 (2) JLJ 328. 5.A. Disposal of Election Petition.-In sub-section (3) it is provided that petition shall be enquired into or disposed of within six months according to such pro~edure as may be prescribed.