Smt. Subhadra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 10347 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                               BEFORE
                                        HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                        ON THE 1st OF AUGUST, 2022

                                                   WRIT PETITION No. 17561 of 2022

                                        Between:-
                                        SMT. SUBHADRA SINGH W/O SHRI SHIV
                                        BAHADUR SINGH, AGED ABOUT 65 YEARS,
                                        OCCUPATION:      HOUSEWIFE     VILLAGE
                                        DUDHANIA, POST SIHAWAL DISTRICT- SIDHI,
                                        M.P. (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                        (BY SHRI JAI SHUKLA - ADVOCATE)

                                        AND

                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        ITS PRINCIPAL SECRETARY PANCHAYAT AND
                                        RURAL      DEVELOPMENT     DEPARTMENT
                                        VALLABH BHAWAN DISTRICT BHOPAL M.P.
                                        (MADHYA PRADESH)

                                  2.    STATE ELECTION COMMISSION THORUGH
                                        COMMISSIONER      MADHYA   PARADESH
                                        NIRVACHAN BHAWAN 58 ARERA HILLS
                                        BHOPAL   DISTRICT   BHOPAL  (MADHYA
                                        PRADESH)

                                  3.    THE   COLLECTOR S I D H I DISTRICT       SIDHI
                                        (MADHYA PRADESH)

                                  4.    THE RETURNING OFFICCER (PANCHAYAT)
                                        SIHAWAL DISTRICT SIDHI (MADHYA PRADESH)

                                  5.    IQBAL HUSSAIN ANSARI S/O SHRI TEJMUL
                                        ANSARI, AGED ABOUT 44 YEARS, R/O MEDAULI
                                        POST - BHAGHORE SIDHI DISTRICT SIDHI
                                        (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
Signature Not Verified
  SAN
                                        (BY SHRI SIDDHARTH SETH - ADVOCATE)

Digitally signed by VINAY KUMAR
BURMAN
                                       This petition coming on for admission this day, th e court passed the
Date: 2022.08.01 18:29:46 IST
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                                  following:
                                                                       ORDER

In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking quashment of the certificate of election issued by the respondent no.4 dated 14.07.2022 declaring respondent no.5 as winning candidate and to conduct a re-election for the Ward No.1 for the post of Janpad Member Baghaur, District Sidhi.

Learned counsel for the petitioner submits that the respondent no.5 has contested and won the election for the post of Janpad Member Baghaur, District Sidhi by suppressing the material facts and concealing information about the employment as he was in service under the State Govt., therefore, he

is liable to be disqualified in the light of section 36-D of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. He has further prayed for conduct of re- election for the Ward No.1 for the post of Janpad Member Baghaur, District Sidhi. In such circumstances, it is argued that the election certificate dated 14.7.2022 be quashed.

P er contra, Shri Seth opposed the aforesaid contention and submitted that various disputed questions of fact are involved in the present case, which can only be adjudicated in the election petition. He further submitted that the present writ petition is not maintainable in view of the fact that the election has already been notified on 27.05.2022 and thereafter results are also declared on 14.7.2022. In support of his contention he has placed reliance on the judgment o f the Apex court in the case of Laxmibai Vs. Collector, Nanded and others, reported in (2020)12 SCC 186 and S.K.Mahaboob Bee (Smt.) and Signature Not Verified SAN others Vs. State Election Commissioner and others, reported in (2000)10 Digitally signed by VINAY KUMAR BURMAN Date: 2022.08.01 18:29:46 IST SCC 512 to contend that the writ petition is not maintainable after the elections

have been notified. However, he fairly stated that the petitioner has alternative remedy of filing election petition under Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter shall be referred to as "the Adhiniyam") after the election is over.

Constitutional amendment has been brought in the Constitution incorporating Section 243-O of the Constitution of India, relevant provisions whereof reads as under:-

"243-O. Bar to interference by courts in electoral matters.-Notwithstanding anything in this Constitution -

                                                     (a)      xxx xxx xxx
                                                     (b)       no election to any Panchayat shall be called in

question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State."

I n the light of the substantive provisions for filing of election petition under Section 122 of the Adhiniyam and in view of the aforesaid pronunciation of law and keeping in view the Division Bench judgment of this Court passed in W.A. No.809/2022 (Gwalior Bench) dated 11.07.2022 so also looking to the fact that disputed questions of fact are involved in this case which cannot be adjudicated in the writ petition under Article 226 of the Constitution of India,

this Court is not inclined to entertain this writ petition at this stage.

Accordingly, the petition stands dismissed. However, the petitioner would be at liberty to avail the remedy as available to him under Section 122 of Signature Not Verified SAN

the Adhiniyam at the appropriate time.

Digitally signed by VINAY KUMAR

Certified copy today.

BURMAN Date: 2022.08.01 18:29:46 IST

(S. A. DHARMADHIKARI) JUDGE vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2022.08.01 18:29:46 IST