Nathulal vs The State Of Madhya Pradesh ...
2022 Latest Caselaw 7293 MP

                                                                              1
                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                     AT INDORE
                                                                           BEFORE
                                                              HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                                              &
                                                        HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                                                      ON THE 13th OF MAY, 2022

                                                                WRIT PETITION No. 9517 of 2022

                                                    Between:-
                                                    NATHULAL S/O CHITTAR , AGED ABOUT 69
                                                    Y E A R S , OCCUPATION: FARMER VILLAGE
                                                    THAVLAY TEH.
                                                    DR. AMBEDKAR NAGAR (MHOW) DISTRICT
                                                    INDORE (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                                    (BY SHRI VIBHOR KHANDELWAL, ADVOCATE)

                                                    AND

                                            1.      THE   STATE   OF  MADHYA     PRADESH
                                                    DEPARTMENT OF PANCHAYAT AND RURAL
                                                    DEVELOPEMNT THR. PRINCIPAL SECRETARY
                                                    VALLABH   BHAWAN,  BHOPAL (MADHYA
                                                    PRADESH)

                                            2.      DISTRICT COLLECTOR NEW ADMINISTRATIVE
                                                    COMPLEX, MOTI TABELA, INDORE (MADHYA
                                                    PRADESH)

                                            3.      SUB    DIVISIONAL   OFFICER REVENUE
                                                    DEPARTMENT DR AMBEDKAR NAGAR, MHOW
                                                    (MADHYA PRADESH)

                                                                                                         .....RESPONDENTS
                                                    (BY SHRI PUSHYAMITRA BHARGAV, ADDL. ADVOCATE
                                                    GENERAL)

                                                  This petition is coming on for admission this day, JUSTICE VIVEK
                                            RUSIA passed the following:
Signature Not VerifiedDigitally signed by
  SAN                 SREEVIDYA
                                                                               ORDER

Date: 2022.05.14 14:20:53 IST This petition under Article 226 of the Constitution of India has been filed challenging the order dated 17.02.2022 passed by the Sub Divisional Officer

(Revenue), Mhow/respondent No.3 in respect of village Thavlay which has been included in the Gram Panchayat Kesharbadi by way of delimitation proceedings.

Learned counsel appearing for the petitioner submits that the Supreme Court vide judgment dated 10.05.2022 in Writ Petition (Civil) No. 278 of 2022 has dealt with this issue. The relevant paragraph of the aforesaid judgment is reproduced as under :

"19. In view of the above, we have no hesitation in directing the Madhya Pradesh State Election Commission to proceed on notional basis and issue election programme in respect of concerned local body

by reckoning the delimitation/formation of wards thereof as on the date when the election of the concerned local body had "in fact" become due or before coming into force of the (impugned) Amendment Act, which is under-challenge before this Court in the present proceedings, whichever is later."

In view of the above, learned counsel for the petitioner does not wish to press this petition.

Accordingly, this petition stands disposed of in the light of the order passed by the Apex Court.

So far as other issues are concerned, the petitioner is at liberty approach this Court, as and when the occasion so arise.

(VIVEK RUSIA) (AMAR NATH (KESHARWANI)) Signature Not Verified SAN VerifiedDigitally Digitally signed by SREEVIDYA Date: 2022.05.14 JUDGE JUDGE 14:20:53 IST

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