Mubarak Hussain vs The State Of Madhya Pradesh
2022 Latest Caselaw 9139 MP

                                                                     1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                BEFORE
                                         HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                             ON THE 8th OF JULY, 2022

                                                     WRIT PETITION No. 14737 of 2022

                                          Between:-
                                          MUBARAK HUSSAIN S/O SHRI SATTAR ALI ,
                                          AGED   ABOUT     64  YEARS, OCCUPATION:
                                          BUSINESS R/O WARD NO. 22, BADI MASZID
                                          ROAD, VILIYS NO. 2 DHANPURI, DISTRICT
                                          SHAHDOL, M.P. (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                          (BY SHRI SATYENDRA JYOTISHI - ADVOCATE)

                                          AND

                                  1.      THE STATE OF MADHYA PRADESH THROUGH
                                          PRINCIPAL     SECRETARY        GENERAL
                                          ADMINISTRATION DEPARTMENT VALLABH
                                          BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

                                  2.      M.P. STATE ELECTION COMMISSION, BHOPAL
                                          NIRWACHAN BHAWAN 58 ARERA HILLS
                                          BHOPAL (MADHYA PRADESH)

                                  3.      RETURNING   OFFICER, S H AH D O L DISTRICT
                                          SHAHDOL (MADHYA PRADESH)

                                  4.      RETURNING            OFFICER, NAGARPALIKA
                                          D H AN PUR I DISTRICT SHAHDOL (MADHYA
                                          PRADESH)

                                                                                               .....RESPONDENTS
                                          (BY SMT. G. K. PATEL - GOVERNMENT ADVOCATE)
                                          (SHRI PRAYANLAGHN PANDEY - ADVOCATE)

                                        This petition coming on for admission and I.R. this day, th e court
                                  passed the following:
Signature Not Verified
                                                                      ORDER

SAN

In this petition, the petitioner seeks direction to the respondents to allow Digitally signed by VINAY KUMAR BURMAN Date: 2022.07.08 18:44:38 IST the petitioner to contest the election of Ward Member (Parshad) in Ward No.22

of Nagar Palika Parishad, Dhanpuri, District Shahdol (M.P.).

At the outset, learned counsel for the respondents submits that the present writ petition is not maintainable in view of the fact that the election has already been notified on 27.05.2022. Thereafter, nominations have been invited a n d final list of candidates has already been published on 11.06.2022. In support of his contention he has placed reliance on the judgment of 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 others Vs. State Election Commissioner and others, reported in (2000)10 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 after the election is over.

In view of the aforesaid enunciation of law, this Court is not inclined to entertain this writ petition at this stage. However, the petitioner would be at liberty to avail the remedy as available to him under the law at the appropriate time.

With the aforesaid liberty, the instant petition stands disposed of.

(S. A. DHARMADHIKARI) JUDGE vinay*

Signature Not Verified SAN

Digitally signed by VINAY KUMAR BURMAN Date: 2022.07.08 18:44:38 IST