Madhya Pradesh High Court
Rancham Singh Uikey vs The Election Commission Of The ... on 15 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 15th OF JULY, 2022
WRIT PETITION No. 15895 of 2022
Between:-
PANCHAM SINGH UIKEY S/O SHRI
RAMESHWAR SINGH UIKEY, AGED ABOUT 52
Y E A R S , OCCUPATION: PRIVATE WORK
VILLAGE BICHHUA (LOUNDA) TAHSIL
LAKHANADON DISTRICT SEONI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI C. NITIN KARAN- ADVOCATE)
AND
1. THE ELECTION COMMISSION OF THE STATE OF
MADHYA PRADESH THROUGH ITS
COMMISSIONER MADHYA PRADESH DISTRICT
BHOPAL (MADHYA PRADESH)
2. THE RETURNING OFFICER/ COLLECTOR,
LAKHANADON, SEONI D I S T R I C T SEONI
(MADHYA PRADESH)
3. THE PRESIDING OFFICER, GRAM PANCHAYAT
VILLAGE BICHHUA (LOUNDA), TAHSIL
LAKHANADON DISTRICT SEONI (MADHYA
PRADESH)
4. THE SUB DIVISIONAL OFFICER/ COMPETENT
OFFICER, (ELECTION) (PANCHAYAT),
LAKHANADON, SEONI DISTRICT SEONI
(MADHYA PRADESH)
5. DILIP IRPACHE S/O SWAROOP IRPACHE, AGED
ABOUT 55 YEARS, R/O VILLAGE BICHHUA, POST
DARGADA, TAHSIL - LAKHANADON, DISTRICT
SEONI (MADHYA PRADESH)
Signature Not Verified
.....RESPONDENTS
SAN
Digitally signed by ASHISH KUMAR (BY SHRI SIDDHARTH SETH- ADVOCATE M.P. STATE ELECTION
LILHARE
Date: 2022.07.15 19:26:57 IST COMMISSION)
2
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
petitioner is seeking a direction to the respondents for recounting of votes of
polling booth nos.07and 08 in respect of election held on 01.07.2022 for the
post of Sarpanch of Gram Panchayat Daikhan, Janpad Panchayat Anuppur,
District Anuppur (M.P.).
Learned counsel for the petitioner submitted that the petitioner has filed
an application for recounting the votes before the respondent No.2 on the same
day i.e. on 01.07.2022 in accordance with Rule 77(2) r/w Rule 80(1) of the
Madhya Pradesh Panchayat Nirvachan Niyam, 1995, (hereinafter referred to as
'the Rules of 1995'); but no action whatsoever has been taken by the
respondents to decide the application. In these circumstances, direction may be
issued to respondents to decide the same in accordance with aforesaid
provision at the earliest. Learned counsel for the petitioner has further submitted
that in identical petition bearing W.P.No.15343/2022 seeking similar relief, this
Court has allowed the petition directing the respondents to recount the votes
before declaration of results.
P er contra, Shri Seth opposed the aforesaid contention and submitted
that various disputed questions of fact are involved in the present case viz. there
is no acknowledgement, seal or designation of the authority on the application
for recounting submitted by the petitioner and such disputed questions can only
be adjudicated 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
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR
LILHARE
Date: 2022.07.15 19:26:57 IST
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 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 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
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
Signature Not Verified
SAN
fact that disputed questions of fact are involved in this case which cannot be
Digitally signed by ASHISH KUMAR
adjudicated in the writ petition under Article 226 of the Constitution of India,
LILHARE
Date: 2022.07.15 19:26:57 IST
this Court is not inclined to entertain this writ petition at this stage.
So far as identical petition bearing W.P.No.15343/2022 is concerned, the
petitioner therein had applied on the very same day and he had the receiving on
the application of the same date. In the instant case, there is no
acknowledgement, seal or designation of the authority on the application, so
also the fact that in reply learned counsel has submitted that no such application
has been received by the respondents/authorities. 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)
JUDGE
ashish
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR
LILHARE
Date: 2022.07.15 19:26:57 IST
