Smt. Anita Jaiswal vs The State Of Madhya Pradesh
2022 Latest Caselaw 9226 MP

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             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. 14931 of 2022

        Between:-
        SMT. ANITA JAISWAL W/O SHRI SHIVBABU
        JAISWAL,  AGED     ABOUT   45   YEARS,
        OCCUPATION: HOUSE WIFE, R/O CHAKGHAT
        TEONTHAR DISTT.- REWA (MADHYA PRADESH)

                                                           .....PETITIONER
        (BY SHRI MANISH TIWARI - ADVOCATE)

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        THE SECRETARY URBAN ADMINISTRATION
        AND      DEVELOPMENT     DEPARTMENT
        MANTRALAYA, VALLAB BHAWAN BHOPAL
        (MADHYA PRADESH)

2.      THROUGH    COMMISSIONER   MP   STATE
        ELECTION COMMISSION NIRVACHAN SADAN
        BHOPAL (MADHYA PRADESH)

3.      THE   COLLECTOR R E WA DISTRICT         REWA
        (MADHYA PRADESH)

4.      THE  MUNICIPAL   CORPORATION   REWA
        THROUGH THE COMMISSIONER MUNICIPAL
        CORPORATION REWA (MADHYA PRADESH)

5.      THE      RETURNING     OFFICER MUNICIPAL
        C O U N C I L CHAKGHAT  DISTRICT   REWA
        (MADHYA PRADESH)

                                                        .....RESPONDENTS
        (SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE AND
        SHRI SIDDHARTH SETH- ADVOCATE FOR RESPONDENTS NO. 2
        AND 5)

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

T he petitioner is aggrieved by the order dated 21.6.2022 whereby the candidature of the petitioner for the post of Councilor of Nagar Palika Parishad in the ensuing Municipal Council Election has been rejected on the ground that the petitioner is not having caste certificate of 'OBC' as issued by the competent authority of 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. Thereafter, nominations have been invited and final list of candidates has already been published. 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 17:02:47 +05'30'