Smt. Pratibha Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8250 MP

                                                                    1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                 BEFORE
                                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                            ON THE 22nd OF JUNE, 2022

                                                     WRIT PETITION No. 13597 of 2022

                                           Between:-
                                           SMT. PRATIBHA YADAV W/O SHRI KAMLESH
                                           YADAV, AGED ABOUT 32 YEARS, OCCUPATION:
                                           EX SARPANCH, GRAM PANCHAYAT, GALAN,
                                           JANPAD PANCHAYAT, NOWGONG, DISTT.
                                           CHHATARPUR (MADHYA PRADESH)

                                                                                               .....PETITIONER
                                           (BY SHRI DHARMENDRA PATEL - ADVOCATE)

                                           AND

                                   1.      THE STATE OF MADHYA PRADESH THROUGH
                                           ITS CHIEF ELECTION OFFICER M.P. STATE
                                           ELECTION COMMISSION, BHOPAL (MADHYA
                                           PRADESH)

                                   2.      DISTRICT  ELECTION   OFFICER, DISTRICT
                                           CHHATARPUR (MADHYA PRADESH)

                                   3.      RETURNING OFFICER, JANPAD PANCHAYAT
                                           N OWGON G DISTT. CHHATARPUR (MADHYA
                                           PRADESH)

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

                                         This petition coming on for admission this day, th e 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 Member of Janpad Panchayat, Signature Not Verified SAN Nowgong in the ensuing Panchayat Election has been rejected on the ground Digitally signed by ASHISH KUMAR LILHARE that the petitioner is not having caste certificate of 'OBC' as issued by the Date: 2022.06.22 17:53:21 IST

competent authority of M.P..

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 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.

(S. A. DHARMADHIKARI) JUDGE ashish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR LILHARE Date: 2022.06.22 17:53:21 IST