Smt. Shanti Kol vs The State Of Madhya Pradesh
2022 Latest Caselaw 7841 MP

                                                             1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                               BEFORE
                                        HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      ON THE 15th OF JUNE, 2022

                                                WRIT PETITION No. 13000 of 2022

                                        Between:-
                                        SMT. SHANTI KOL W/O SHRI MANOJ KOL ,
                                        AGED ABOUT 44 YEARS, OCCUPATION: HOUSE
                                        WIFE    THE     THEN    SARPANCH  GRAM
                                        PANCHAYAT JHARGAHA JANPAD PANCHAYAT
                                        SIDHI DISTT. SIDHI AT PRESENT MEMBER OF
                                        JILA PANCHAHAYAT SIDHI FROM WARD NO.6
                                        SEMARIYA DISTT. SIDHI (MADHYA PRADESH)

                                                                                    .....PETITIONER
                                        (BY SHRI DHARMENDRA KUMAR SHUKLA, ADVOCATE)

                                        AND

                                   1.   THE STATE OF MADHYA PRADESH THROUGH
                                        THE SECRETARY PANCHAYAT AND RURAL
                                        DEVELOPMENT DEPT. MANTRALAYA VALLABH
                                        BHAWAN    DISTRICT  BHOPAL  (MADHYA
                                        PRADESH)

                                   2.   THE CHIEF ELECTION OFFICER STATE OF M.P.
                                        BHOPAL M.P. (MADHYA PRADESH)

                                   3.   THE COMMISSIONER R EWA DISTRICT REWA
                                        (M.P.) (MADHYA PRADESH)

                                   4.   THE COLLECTOR SIDHI DISTRICT SIDHI (M.P.)
                                        (MADHYA PRADESH)

                                   5.   THE DISTRICT ELECTION OFFICER SIDHI
                                        DISTRICT SIDHI (M.P.) (MADHYA PRADESH)

                                   6.   THE C.E.O. JILA PANCHAYAT SIDHI DISTRICT
                                        SIDHI (M.P.) (MADHYA PRADESH)

                                   7.   THE     C.E.O. JANPAD PANCHAYAT SIDHI
Signature Not Verified
  SAN
                                        DISTRICT SIDHI (M.P.) (MADHYA PRADESH)

Digitally signed by HEMANT SARAF
Date: 2022.06.16 18:15:02 IST
                                   8.   THE     RETURNING      OFFICER JANPAD
                                        PANCHAYAT  SIDHI DISTRICT SIDHI (M.P.)
                                                                          2
                                             (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                             (BY SHRI G.P.SINGH, GOVERNMENT ADVOCATE)

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

The petitioner is aggrieved by the order dated 7.6.2022 whereby the candidature of the petitioner for the post of Sarpanch of Gram Panchayat in the ensuing Panchayat election has been rejected on the ground that there is some amount to the recovered from the period during the period he was Sarpanch of Gram Panchayat Jhargaha, Janpad Panchayat Sidhi, District Sidhi.

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 on 27.05.2022. Thereafter, nominations have been invited a n d final list of candidates has already been published on 10.06.2022. 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 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

Signature Not Verified liberty to avail the remedy as available to him under the law at the appropriate SAN

Digitally signed by HEMANT SARAF time.

Date: 2022.06.16 18:15:02 IST

With the aforesaid liberty, the instant petition stands disposed of.

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.06.16 18:15:02 IST