Man Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 10318 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 29th OF JULY, 2022

                  WRIT PETITION No. 17165 of 2022

        Between:-
        MAN SINGH YADAV S/O SHRI GHANSHYAM
        YADAV, AGED 74 YEARS, OCCUPATION :
        AGRICULTURIST, R/O SANSIGARH, TEHSIL
        LAHAR, DISTRICT BHIND (MADHYA PRADESH)

                                                          .....PETITIONER
        (BY SHRI DHARMENDRA NAYAK - ADVOCATE)

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY, DEPARTMENT OF
        PANCHAYAT   &   RURAL   DEVELOPMENT,
        VALLABH   BHAWAN,   DISTRICT  BHOPAL
        (MADHYA PRADESH)

2.      THE COLLECTOR, DISTRICT BHIND (MADHYA
        PRADESH)

3.      THE   SUB   DIVISIONAL OFFICER, LAHAR,
        DISTRICT BHIND (MADHYA PRADESH)

4.      THE     RETURNING             OFFICER, JANPAD
        PANCHAYAT   LAHAR,          DISTRICT    BHIND
        (MADHYA PRADESH)

5.      RAMNARAYAN SINGH POSTED AS PATEL IN
        VILL. GANGEPURAA, TEH. LAHAR, BHIND
        (MADHYA PRADESH)




                                                        .....RESPONDENTS
        (BY SHRI DEEPAK KHOT - GOVERNMENT ADVOVCATE )

      Th is petition coming on for hearing this day, th e court passed the
following:
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                                     ORDER

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

(i) That, the respondents may kindly be directed to consider the representation annexure P/1.

(ii) That, the declaration certificate of respondent no. 6 (Annexure P/2) may kindly be aside.

(iii) That, the other relief doing justice including cost be awarded.

It is submitted by the counsel for the petitioner that respondent No. 6 had contested the election for the post of Sarpanch, Gram Panchayat Gangepura by

suppressing the fact that he is in Government Job and was working on the post of Patel in village Gangepura, Lahar District Bhind. In the nomination papers, he disclosed himself to be an agriculturist. It is submitted that the respondent No. 6 was disqualified and in accordance with Rule 5(iv) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965, no government employee can campaign in the election of any legislature nor he can use his influence for the election. It is further submitted that since this petition has been filed after the declaration of result, therefore, it is in the nature of quo warranto and 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 petition in the nature of quo warranto is maintainable.

Per contra, the petition is vehemently opposed by the counsel for the State. It is submitted that as per Rule 21(a) of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, the election of the respondent No. 6 can be declared as void and, accordingly, the petitioner has an efficacious remedy of filing an election petition.

Heard the learned counsel for the parties.

Whether the respondent No. 6 was holding the post of Patel on the date of submission of nomination papers 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. 6, 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 2022.07.29 18:01:39 +05'30'