Shubham Shukla vs The State Of M.P.
2022 Latest Caselaw 9225 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. 14674 of 2022

                                       Between:-
                                       SHUBHAM SHUKLA S/O OM PRAKASH SHUKLA ,
                                       AGED   ABOUT    27  YEARS, OCCUPATION:
                                       ADVOCATE R/O VILLAGE AND POST BARUWA
                                       TAH. MAJHGAWAN DISTT. SATNA M.P.
                                       (MADHYA PRADESH)

                                                                                   .....PETITIONER
                                       (BY SHRI SHRI SATYA PRAKASH MISHRA - ADVOCATE)

                                       AND

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

                                  2.   THE STATE ELECTION COMMISSION THROUGH
                                       ITS    COMMISSIONER MADHYA PRADESH
                                       BHOPAL (MADHYA PRADESH)

                                  3.   THE COLLECTOR CUM ELECTION OFFICER
                                       S A T N A DISTRICT SATNA (M.P.) (MADHYA
                                       PRADESH)

                                  4.   RETURNING    OFFICER     SATNA TAHSIL
                                       MAJHGAWAN      JANPAD      PANCHAYAT
                                       MAJHGAWAN DISTRICT SATNA M.P. (MADHYA
                                       PRADESH)

                                  5.   SMT. MADHURI TRIPATHI W/O SATYENDRA
                                       TRIPATHI , AGED ABOUT 32 YEARS, R/O
                                       VILLAGE AND      POST BARUWA TAHSIL
                                       MAJHGAWAN DISTRICT SATNA M.P. AT
                                       PRESENT R/O BEHIND JANPAD PANCHAYAT
                                       OFFICE SATNA DISTRICT SATNA M.P. (MADHYA
                                       PRADESH)
Signature Not Verified
  SAN




Digitally signed by VINAY KUMAR
                                  6.   ASHUTOSH S/O SANTKUMAR R/O VILLAGE
BURMAN
Date: 2022.07.09 18:51:05 IST          BARUWA TAHSIL MAJHGAWAN DISTRICT
                                       SATNA M.P. (MADHYA PRADESH)
                                                                         2

                                  7.       MAHAVEER S/O SANTKUMAR R/O VILLAGE
                                           BARUWA TAHSIL MAJHGAWAN DISTRICT
                                           SATNA M.P. (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                           (BY SHRI SIDDHARTH SETH - ADVOCATRE)

                                         Th is petition coming on for admission and I.R. this day, t h e court
                                  passed the following:
                                                                          ORDER

In this petition filed under Article 226 of the Constitution of India, the petitioner seeks direction to the respondent/dept. to decide his representation dated 10.06.2022 (Annexure P/1) complaining that respondents Nos.5 who has filled her name for the post of Janpad Member for Gram Panchayat Pindra, her

name is mentioned in voter lists of Gram Panchayat Pindra as well as Gram Panchayat Majhgawan. Similarly, name of respondent Nos. 6 and 7 are also mentioned in voter list of Gram Panchayat Pindra as well as Gram Panchayat Majhgawan.

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 Signature Not Verified SAN notified. However, he fairly stated that the petitioner has alternative remedy of filing election petition after the election is over. Digitally signed by VINAY KUMAR BURMAN Date: 2022.07.09 18:51:05 IST

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: 2022.07.09 18:51:05 IST