Madhya Pradesh High Court
Jaya Sondhiya vs The State Of Madhya Pradesh on 13 July, 2022
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 13th OF JULY, 2022
WRIT PETITION No. 15670 of 2022
Between:-
JAYA SONDHIYA W/O GYANEDRA KUMAR
SONDHIYA , AGED ABOUT 40 YEARS,
OCCUPATION: HOUSE WIFE R/O VILLAGE
LAUWA (LAKSHMANPUR) WARD NO. 7 GRAM
PANCHAYAT LAUWA (LAKSHMANPUR) JANPAD
PANCHAYAT RAIPUR KARCHULIYAN DISTRICT
REWA (MP) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.K.GAUTAM - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR DISTRICT REWA (M.P.) (MADHYA
PRADESH)
2. DISTRICT ELECTION OFFICER, REWA DISTRICT
REWA (M.P.) (MADHYA PRADESH)
3. M.P. STATE ELECTION COMMISSION THROUGH
COM M ISSIONER NIRWACHAN BHAWAN, 58
ARERA HILLS DISTRICT BHOPALM.P. (MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENT NO.3 BY SHRI SIDDHARTH SETH - ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
In this petition filed under Article 226 of the Constitution of India, the
Signature Not Verified
SAN petitioner is seeking direction to the respondents to cancel the election of Gram
Digitally signed by HEMANT SARAF
Date: 2022.07.13 18:11:40 IST
Panchayat Lauwa dated 1.7.2022 and further direct the authority to conduct the
by-election of Gram Panchayat Polling No.48.
The grievance of the petitioner is that on 1.7.2022 voting took place in
Gram Panchayat Lauwa Lakshanpur in polling No.48 thereby some anti-social
elements captured the polling booth after completing the voting. The petitioner
submitted complaint on the next day and sought cancellation of election and
also request for conducting by-election but no action has been taken till date. In
these circumstances, prayer is made to election of Gram Panchayat Lauwa
dated 1.7.2022 and further direct the authority to conduct the by-election of
Gram Panchayat Polling No.48.
P er contra, Shri Seth opposed the aforesaid contention and submitted
that various disputed questions of fact are involved in the present case which
can only be done in the election petition. He further submitted that the present
writ petition is not maintainable in view of the fact that the election has already
b een notified on 27.05.2022 and thereafter results are to be declared on
14.7.2022. In support of his contention he has placed reliance on the judgment
o f 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 under Section 122 of the Madhya Pradesh
Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter shall be
referred to as "the Adhiniyam") after the election is over.
Constitutional amendment has been brought in the Constitution
Signature Not Verified
SAN
incorporating Section 243-O of the Constitution of India, relevant provisions
Digitally signed by HEMANT SARAF
Date: 2022.07.13 18:11:40 IST
whereof reads as under:-
"243-O. Bar to interference by courts in electoral
matters.-Notwithstanding anything in this Constitution -
(a) xxx xxx xxx
(b) no election to any Panchayat shall be called in
question except by an election petition presented to such
authority and in such manner as is provided for by or under any
law made by the Legislature of a State."
I n the light of the substantive provisions for filing of election petition
under Section 122 of the Adhiniyam and in view of the aforesaid pronunciation
of law and keeping in view the Division Bench judgment of this Court passed in
W.A. No.809/2022 (Gwalior Bench) dated 11.07.2022 so also looking to the
fact that disputed questions of fact are involved in this case which cannot be
adjudicated in the writ petition under Article 226 of the Constitution of India,
this Court is not inclined to entertain this writ petition at this stage.
Therefore, no interference is warranted at this stage in exercise of powers
under Article 226 of the Constitution of India.
Accordingly, the petition stands dismissed. However, the petitioner
would be at liberty to avail the remedy as available to him under Section 122 of
the Adhiniyam at the appropriate time.
Certified copy today.
(S. A. DHARMADHIKARI)
Signature Not Verified JUDGE
SAN
HS
Digitally signed by HEMANT SARAF
Date: 2022.07.13 18:11:40 IST
