Sunil Verma vs The State Of Madhya Pradesh
2022 Latest Caselaw 9845 MP

                          1




         IN THE HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                   ON THE 18th OF JULY, 2022

              WRIT PETITION No. 16439 of 2022

      Between:-
      SUNIL VERMA S/O SHRI RAMASHRYA
      VERMA,    AGED   ABOUT  41  YEARS,
      OCCUPATION: SOCIAL WORKER VILLAGE
      WARD NO. 10, KANCHANPUR BAMHRULA
      TEHSIL RAMPUR BAGHELAN, DISTRICT-
      SATNA, (MADHYA PRADESH)

                                                .....PETITIONER
      (BY SHRI DEVENDRA SINGH- ADVOCATE )

      AND

1.    THE STATE OF MADHYA PRADESH
      THROUGH     PRINCIPAL  SECRETARY
      PANCHAYAT RURAL AND DEVELOPMENT
      DEPARTMENT VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)

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

3.    DISTRICT ELECTION   OFFICER/ THE
      COLLECTOR DISTRICT SATNA (MADHYA
      PRADESH)

4.    THE     RETURNING     OFFICER/  SUB
      DIVISIONAL OFFICER (REVENUE) RAMPUR
      BAGHELAN DISTRICT SATNA (MADHYA
      PRADESH)

5.    REWATI RAMAN DAHIYA S/O SHRI
      SHIVNATH  KOTWAR   OCCUPATION:
                                   2




        RETURNED CANDIDATE OF SARPANCH OF
        GRAM PANCHAYAT TIHAI R/O VILLAGE
        TIHAI TEHSIL KOTAR DISTRICT SATNA
        (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (MS. G.K. PATEL- GOVERNMENT ADVOCATE FOR THE STATE)
        (SHRI SIDDHARTH SETH- ADVOCATE FOR RESPONDENTS
        NO.2, 3 AND 4)

      This petition coming on for admission this day, the court passed the

following:
                                   ORDER

In this petition filed under Article 226 of the Constitution of India, the

petitioner is seeking declaration of the election for the post of Sarpanch

Gram Panchayat Tihai, Janpad Panchayat Rampur Baghelan, District Satna

to be null and void.

Learned counsel for the petitioner submitted that the seat for the post

of Sarpanch of Gram Panchayat Tihai, Janpad Panchayat Rampur Baghelan,

District Satna, was reserved for SC category but the respondent No.5 is

being an OBC category had filed the nomination form for the election. In

this regard, the petitioner has filed an objection before the respondent No.3

on 12.07.2022 (Annexure P/3), but no action whatsoever has been taken by

the respondent No.3 to decide the objection. In these circumstances,

direction may be issued to respondent No.3 to decide the same in

accordance with law at the earliest.

Per 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 been 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."

In 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.

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 Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.07.18 17:03:24 +05'30'