Parvat Singh vs The State Election Commission
2022 Latest Caselaw 9654 MP

                                                                   1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                 BEFORE
                                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                           ON THE 14th OF JULY, 2022

                                                     WRIT PETITION No. 15799 of 2022

                                           Between:-
                                           PARVAT SINGH S/O RAM BAGAS , AGED ABOUT
                                           33   YEARS, OCCUPATION: AGRICULTURIST
                                           GRAM BOGDA TEHSIL KOLAR DISTRICT
                                           BHOPAL (MADHYA PRADESH)

                                                                                              .....PETITIONER
                                           (BY SHRI PUSHPENDRA DUBEY - ADVOCATE)

                                           AND

                                   1.      THE STATE ELECTION COMMISSION THROUGH
                                           ITS COMMISSIONER NIRVACHAN BHAWAN
                                           BHOPAL (MADHYA PRADESH)

                                   2.      DISTRICT ELECTION OFFICER/ COLLECTOR
                                           B HOPAL DISTRICT BHOPAL M.P. (MADHYA
                                           PRADESH)

                                   3.      THE PRESIDING OFFICER, GRAM PANCHAYAT
                                           BORDA JANPAD PANCHAYAT FANDA, DISTRICT
                                           BHOPAL M.P. (MADHYA PRADESH)

                                   4.      THE RETURNING OFFICER (PANCHAYAT),
                                           JANPAD PANCHAYAT FANDA CUM SUB
                                           DIVISIONAL  OFFICER JANPAD PANCHAYAT
                                           FANDA, DISTRICT BHOPAL M.P. (MADHYA
                                           PRADESH)

                                   5.      BATANLAL S/O MANGILAL R/O GULAR CHAPRI
                                           ABIDABAD PANCHAYAT, TEHSIL ICCHAWAR
                                           (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                                           (BY SHRI TANMAY MESHRAM - ADVOCATE)

Signature Not Verified
  SAN                                    This petition coming on for admission this day, th e court passed the
Digitally signed by HEMANT SARAF
Date: 2022.07.14 18:24:53 IST
                                   following:
                                                                    ORDER

In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondents to decide his application, annexure P/1, with a further prayer to cancel the nomination of the respondent no.6 and not to declare the result of the said Panchayat.

The case of the petitioner is that he was one of the contestant for election to the post of Sarpanch of Gram Panchayat Borda, District Bhopal. The grievance of the petitioner is that the name of the respondent no.6 is reflecting in two places,i.e. in Gram Panchayat Abidbad, District Sehore and Gram Panchayat Borda, District Bhopal. The petitioner submitted representation, annexure P/1, but no action has been taken till date. In these circumstances,

prayer is made to decide his representation, annexure P/1, and a further prayer to cancel the nomination of the respondent no.6 and not to declare the result of the said Panchayat.

P e r contra, Shri Meshram 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 been notified on 27.05.2022 and thereafter results are to be declared o n 14.7.2022. 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

Signature Not Verified SAN elections have been notified. However, he fairly stated that the petitioner has

Digitally signed by HEMANT SARAF alternative remedy of filing election petition under Section 122 of the Madhya Date: 2022.07.14 18:24:53 IST

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 incorporating Section 243-O of the Constitution of India, relevant provisions 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

Signature Not Verified SAN the Adhiniyam at the appropriate time.

Digitally signed by HEMANT SARAF Date: 2022.07.14 18:24:53 IST Certified copy today.

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.07.14 18:24:53 IST