Smt Choti Bai vs Madhya Pradesh State Election ...
2022 Latest Caselaw 10251 MP

                              1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR

                          BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                  ON THE 28th OF JULY, 2022

              WRIT PETITION NO. 17293 of 2022

      Between:-

      SMT. CHOTI BAI W/O SHRI HEERA
      LAL,    AGED     43     YEARS,
      OCCUPATION HOUSEWIFE, R/O
      GANDHI     NAGAR     PREMSAR,
      TEHSIL & DISTRICT SHEOPUR
      (MADHYA PRADESH)
                                          ........PETITIONER

      (BY SHRI N.K. GUPTA - SENIOR ADVOCATE WITH SHRI
      ASHOK KUMAR RATHORE - ADVOCATE)

      AND

1.    MADHYA       PRADESH    STATE
      ELECTION           COMMISSION
      THROUGH      CHIEF   ELECTION
      OFFICER

2.    RETURNING OFFICER DISTRICT
      SHEOPUR    /    COLLECTOR
      DISTRICT SHEOPUR, MADHYA
      PRADESH

3.    SMT. KAVITA BAI W/O SHRI LALIT
      SINGH,    AGED     32   YEARS,
      OCCUPATION AGRICULTURIST &
      HOUSEWIFE,     R/O    VILLAGE
                                            2

       SOTHWA, TEHSIL & DISTRICT
       SHEOPUR, MADHYA PRADESH

                                                             ........RESPONDENT

        (SHRI PRASHANT SHARMA - ADVOCATE FOR
RESPONDENT NO. 1)
        (SHRI DEEPAK KHOT - ADVOCATE FOR STATE)
----------------------------------------------------------------------------------------
       This petition coming on for hearing this day, the Court passed the
following:
                                      ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

"1. Hence, it is humbly prayed that writ petition may kindly be allowed and writ of quo-warranto, mandamus, certiorary as this Hon'ble court may deem fit be issued doing justice in the matter.

2. The respondent No. 3 be removed from the post of member of Jila Panchayat Sheopur M.P. and she be restrained not to discharge the duty as the member of Jila Panchayat District Sheopur M.P.

3. Any other writ, order or direction as this Hon'ble Court may deems fit in the facts and circumstances of the case be granted doing justice in the matter."

It is submitted by the counsel for the petitioner that respondent No. 3 was not qualified to contest the election of Member of Zila Panchayat, Sheopur as she does not belong to Schedule Caste. No caste certificate was ever issued to the petitioner by the State of Madhya Pradesh. The caste certificate issued by State of U.P. is not applicable in the State of M.P. It is further submitted that in the light of the judgment passed by the coordinate Bench of this Court in the case of Suresh Choudhary Vs.

Atarlal Verma reported in 2006 (3) MPLJ 506, the writ petition for issuing a writ of quo warranto is maintainable.

Per contra, the petition is vehemently opposed by the counsel for the respondents. It is submitted that the result has been declared. Whether the candidature of the respondent No. 3 was rightly accepted or not, is a matter which can always be raised by the petitioner in a properly constituted election petition Heard the learned counsel for the parties. Whether the respondent No. 3 was holding the caste certificate on the date of submission of nomination papers issued by appropriate authority or not, is a disputed question of fact which can be effectively adjudicated by recording of evidence in the election petition.

Under these circumstances, this Court is of the considered opinion that since the petitioner has an efficacious remedy of filing the election petition for challenging the election of the respondent No. 3, no case is made out for entertaining this writ petition.

Accordingly, this petition is disposed of with aforesaid liberty.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.08.01 11:10:36 +05'30'