Sunayna Saket vs The State Of Madhya Pradesh
2022 Latest Caselaw 8206 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                               BEFORE
                                        HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                        ON THE 21st OF JUNE, 2022

                                                 WRIT PETITION No. 13917 of 2022

                                        Between:-
                                        SUNAYNA SAKET D/O SHRI BHAGWANDAS
                                        SAKET , AGED ABOUT 26 YEARS, OCCUPATION:
                                        HOUSEHOLD WORK R/O VILLAGE ANSI, POST
                                        AND TEHSIL MADA (COMES WITHIN GRAM
                                        PANCHAYAT DHEKA) DISTRICT SINGRAULI
                                        (M.P.) (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                        (BY SHRI ARVIND PATHAK, ADVOCATE)

                                        AND

                                   1.   THE STATE OF MADHYA PRADESH THROUGH
                                        PRINCIPAL SECRETARY PANCHAYAT AND
                                        RARAL      DEVELOPMENT   MANTRALAYA
                                        MANTRALAYA, VALLAB BHAWAN SINGRAULI
                                        (M.P.) (MADHYA PRADESH)

                                   2.   C O M M I S S I O N E R , PANCHAYAT     RAJ
                                        SANCHALNALAYA,         REWA DISTRICT   REWA
                                        (M.P.) (MADHYA PRADESH)

                                   3.   COLLECTOR/DISTRICT ELECTION OFFICER,
                                        S I N G R A U L I DISTRICT SINGRAULI M.P.
                                        (MADHYA PRADESH)

                                   4.   SUB      DIVISIONAL      OFFICER   (REVENUE),
                                        S I N G R A U L I DISTRICT   SINGRAULI   M.P.
                                        (MADHYA PRADESH)

                                   5.   CHIEF EXECUTIVE OFFICER/ RETURNING
                                        O FFI C ER , JANPAD PANCHAYAT WAIDHAN
                                        DISTRICT       SINGRAULI M.P. (MADHYA
                                        PRADESH)

Signature Not Verified
  SAN
                                                                                        .....RESPONDENTS
                                        (RESPONDENTS/STATE BY SHRI G.P.SINGH, GOVT. ADVOCATE)
Digitally signed by HEMANT SARAF        (RESPONDENT/ELECTION COMMISSION BY SHRI
Date: 2022.06.21 18:44:10 IST
                                        PRAVANLAGHN PANDEY, ADVOCATE)
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                                           This petition coming on for admission on this day, the court passed the
                                   following:
                                                                           ORDER

T he 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 name of the petitioner has not been mentioned in appropriate serial no., as her name has been mentioned at s.no.799 in the earlier voter list whereas in the subsequent revised voter list, her name finds place at s.no.922.

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 enunciation of law, this Court is not inclined to entertain this writ petition at this stage. However, the petitioner would be at liberty to avail the remedy as available to him under the law at the appropriate time.

With the aforesaid liberty, the instant petition stands disposed of Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.06.21 18:44:10 IST

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.06.21 18:44:10 IST