Janki Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 9224 MP

                                1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              BEFORE
       HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                         ON THE 9th OF JULY, 2022

                  WRIT PETITION No. 13873 of 2022

        Between:-
        JANKI BAI PRAJAPATI W/O SHRI DHARAM DAS
        PRAJAPATI,   AGED    ABOUT    41 YEARS,
        OCCUPATION: HOUSE WIFE, R/O VILLAGE
        BAGROHI, TEHSIL SHAHGAR, DISTRICT SAGAR
        (MADHYA PRADESH)

                                                           .....PETITIONER
        (BY SHRI PRIYANK AWASTHI - ADVOCATE)

        AND

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

2.      SECR ETARY, MADHYA PRADESH ELECTION
        COM M ISSION ER NIRVACHAN BHAWAN 58,
        ARERA HILLS, BHOPAL (MADHYA PRADESH)

3.      TEHSILDAR/RETURNING           OFFICER, TEHSIL-
        SHAHGARH, DISTRICT-         SAGAR (MADHYA
        PRADESH)

4.      TEHSILDAR       CHHATARPUR, DISTRICT-
        CHHATARPUR (MADHYA PRADESH)

5.      SMT. HEERA BI PRAJAPATI W/O SHRI HEMANT
        PRAJAPTI, AGED ABOUT ADULT, R/O TEHSIL -
        SHAHGARH, DISTRICT- SAGAR (MADHYA
        PRADESH)

                                                         .....RESPONDENTS
        (BY SHRI A. RAJESHWAR RAO - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                 ORDER

T he petitioner is aggrieved by the order dated 7.6.2022 whereby the candidature of the petitioner for the post of Sarpanch of Gram Panchayat in the ensuing Panchayat election has been rejected on the ground that the caste of the petitioner is not comes under the category of Schedule Caste in District Sagar.

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 10.06.2022. 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 pronunciation 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 ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2022.07.09 17:07:05 +05'30'