Leela Bai Vanskar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8251 MP

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        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. 13617 of 2022

     Between:-
     LEELA BAI VANSKAR W/O SHRI SITA RAM
     VANSKAR,   AGED    ABOUT   51   YEARS,
     OCCUPATION: HOUSE WIFE R/O VILLAGE
     SAUNTHI GRAM PANCHAYAT SAUNTHI TEHSIL
     SHYAMPUR    DISTT.  SEHORE    (MADHYA
     PRADESH)

                                                  .....PETITIONER
     (BY SHRI VIJAY KUMAR SHUKLA - ADVOCATE)

     AND

1.   THE STATE OF MADHYA PRADESH THROUGH
     CHIEF ELECTION COMMISSIONER ARERA
     HILLS BHOPAL (MADHYA PRADESH)

2.   THE ELECTION COMMISSIONER COLLECTOR
     S E H O R E DISTRICT SEHORE (MADHYA
     PRADESH)

3.   THE   RETURNING  OFFICER    PANCHAYAT
     ELECTION     SEHORE DISTRICT   SEHORE
     (MADHYA PRADESH)

4.   CHIEF EXECUTIVE OFFICER, JILA PANCHAYAT,
     S E H O R E DISTRICT SEHORE      (MADHYA
     PRADESH)

5.   CHIEF    EXECUTIVE    OFFICER, JANPAD
     PANCHAYAT,   SEHORE DISTRICT SEHORE
     (MADHYA PRADESH)

6.   THE SCHOOL PRINCIPAL GOVT. HIGHER
     SECONDARY SCHOOL SHYAMPUR, DISTRICT
     SEHORE (MADHYA PRADESH)

                                                .....RESPONDENTS
     (SMT. G.K. PATEL - GOVERNMENT ADVOCATE AND SHRI
     SIDDHARTH SETH - FOR RESPONDENT NOS.2 AND3)
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                           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 Sarpanch of Gram Panchayat in the ensuing Panchayat election has been rejected on the account of non acceptance of her resignation form in the School/Department as temporary teacher / Guruji.

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 her under the law at the appropriate time.

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

(S. A. DHARMADHIKARI) JUDGE

Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.06.22 17:36:32 +05'30'

DPS