Tarachand Prajapati vs Returning Officer Panchayat ...
2022 Latest Caselaw 8252 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. 13604 of 2022


      Between:-
      TARACHAND PRAJAPATI S/O SHRI RAMKISHAN
      PRAJAPATI, AGED ABOUT 39 YEARS, R/O
      VILLAGE MANEGAON TEHSIL KARELI DIST.
      NARSINGHPUR (MADHYA PRADESH)


                                                          .....PETITIONER

      (BY SHRI R.K. KAURAV - ADVOCATE AND SHRI RAHUL GUPTA -
      ADVOCATE)

      AND

1.    RETURNING OFFICER PANCHAYAT ELECTION /
      TEHSILDAR KARELI DIST. NARSINGHPUR
      (MADHYA PRADESH)

2.    SUB  DIVISIONAL        OFFICER NARSINGHPUR
      (MADHYA PRADESH)

3.    SHRI DIVAN SINGH LODHI S/O SHRI GODHAN
      L O D H I R/O VILLAGE MANEGAON TAHSIL
      KARELI DISTT. NARSINGHPUR (MADHYA
      PRADESH)


                                                       .....RESPONDENTS

      (SMT. G.K. PATEL - GOVERNMENT ADVOCATE AND SHRI
      SIDDHARTH SETH - FOR RESPONDENT NOS.1)

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


                                        ORDER

The petitioner is aggrieved by the orders dated 8.6.2022 (Annexure P/4) and dated 09.06.2022 (Annexure P/6) 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 he had not submitted the proper certificate of Electricity Department.

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 DPS Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.06.22 17:37:22 +05'30'