Sita Bai vs Mohd. Rafique
2023 Latest Caselaw 6858 MP

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  IN THE HIGH COURT OF MADHYA PRADESH
               AT I N D O R E
                           BEFORE
          HON'BLE SHRI JUSTICE VIVEK RUSIA

                ON THE 27th OF APRIL, 2023

              WRIT PETITION No. 931 of 2023

BETWEEN:-
SITA  BAI   W/O   SHRI   BHARATLAL   GAYRI
OCCUPATION: HOUSEWIFE, R/O VILLAGE KHAJURI
BADYALA,   DISTRICT    MANDSAUR    (MADHYA
PRADESH)
                                                .....PETITIONER
(MS. PRANJALI YAJURVEDI-ADVOCATE)

AND
   MOHD. RAFIQUE S/O SHRI HABIB KHAN VILLAGE
1. ACHERA,   DISTRICT   MANDSAUR     (MADHYA
   PRADESH)
   BANSHILAL DHANGAR S/O SHRI PREMCHANDRA
2. GAYRI KHAJURI BADYALA, DISTRICT MANDSAUR
   (MADHYA PRADESH)
   DILIP GAYRI S/O SHRI BHANWARLAL GAYRI
3. VILLAGE   ACHERA,    DISTRICT   MANDSAUR
   (MADHYA PRADESH)
   MEHMOOD KHA S/O SHRI HAMID KHA VILLAGE
4. ACHERA,   DISTRICT   MANDSAUR    (MADHYA
   PRADESH)
   RAEES KHA S/O SHRI SHAMSHER KHA VILLAGE
5. ACHERA,   DISTRICT   MANDSAUR    (MADHYA
   PRADESH)
   RETURNING    OFFICER    GRAM   PANCHAYAT
6. ACHERA,   DISTRICT   MANDSAUR    (MADHYA
   PRADESH)
                                              .....RESPONDENTS
( BY SHRI MUKESH PARWAL-GOVERNMENT ADVOCATE)
(BY SHRI MOHAMMED IMRAN KHAN-ADVOCATE- RESPONDENT
[R-1].
This petition coming on for orders this day, the court passed the
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following:


                             ORDER

(1) The Petitioner has filed the present petition being aggrieved by the order dated 25.11.2022 whereby Election Petition has been dismissed without framing any issue and recording evidence.

(2) Petitioner has challenged the Election of Respondent No.1 by way of filing an Election Petition. The procedure to decide the election petition is provided in the Madhya Pradesh Panchayat (Election Petition, Corrupt Practice and Disqualification for Membership) Rules 1995 framed under The Madhya Pradesh Panchayati Raj Avam Gram Swaraj Adhiniyam, 1993.

(3) Rule 11 of Election Rules says that every election petition shall be enquired in to by the specified officer as nearly as may be in accordance with the procedure prescribed in C.P.C. to the trial of the suit. Hence for deciding the Election Petition issues are liable to be framed and thereafter opportunity to lead the evidence to the parties should be given. The Specified Officer should decide the Election Petition like Civil Suit. In catena of judgments, the Apex Court has held that Election Petition cannot be dismissed summarily without framing the issue and without recording the evidence. The Election Petition has been dismissed summarily on the ground that the petitioner did not submit any application before the

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Returning Officer for recounting hence the dismissal of the Election Petition on this ground is unsustainable.

(3) In view of the above, the impugned order dated 25.11.2022 is hereby set aside. The Election Petition is remitted back to the specified officer to decide in accordance with the law as observed herein above.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

praveen

Digitally signed by PRAVEEN Date: 2023.05.01 14:27:06 +05'30'