Shikha Singh vs Sundrika Girija Prasad
2023 Latest Caselaw 10575 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 11 th OF JULY, 2023
                                           CIVIL REVISION No. 430 of 2023

                          BETWEEN:-
                          SHIKHA SINGH W/O SHRI SAURABH SINGH, AGED
                          ABOUT 23 YEARS, OCCUPATION: SARPANCH GRAM
                          PANCHAYAT DHEKI JANAPAD PANCHAYAT WAIDHAN
                          DISTRICT SINGRAULI R/OVILLAGE DHEKI TEHSIL
                          SINGRAULI DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                             .....APPLICANT
                          (BY SHRI A.S BAHGEL - ADVOCATE ALONG WITH SHRI VARUN DUBEY -
                          ADVOCATE)

                          AND
                          1.    SUNDRIKA GIRIJA PRASAD W/O SHRI GIRIJA
                                PRASAD PANDEY, AGED ABOUT 35 YEARS,
                                OCCUPATION:    NOTMENTION       VILLAGE
                                SAHOKHAR TEHSIL AND DINSTRICT SINGRAULI
                                (MADHYA PRADESH)

                          2.    VANDANA W/O SHRI RAVENDRA PANDEY, AGED
                                ABOUT 30 YEARS, VILLAGE DHEKI TEHSIL AND
                                DISTRICT SINGRAULI (MADHYA PRADESH)

                          3.    MANKUNWAR PANDEY W/O SHRI RAMPAL
                                PANDEY, AGED ABOUT 67 YEARS, VILLAGE
                                SAHOKHAR TEHSIL AND DISTRICT SINGRAULI
                                (MADHYA PRADESH)

                          4.    PANKUVARI W/O LATE SHRI RAMSUBHAG
                                PANDEY, AGED ABOUT 74 YEARS, VILLAGE
                                SAHOKHAR TEHSIL AND DISTRICT SINGRAULI
                                (MADHYA PRADESH)

                          5.    RAMRATI W/O SHRI KRISHANAVATAR DUBEY,
                                AGED ABOUT 56 YEARS, VILLAGE DHEKI TEHSIL
                                AND DISTRICT SINGRAULI (MADHYA PRADESH)

                          6.    RESHMA W/O SHRI MOHANLAL NAI, AGED
                                ABOUT 53 YEARS, VILLAGE DHEKI TEHSIL AND
Signature Not Verified
Signed by: SATTYENDAR
NAGDEVE
Signing time: 7/12/2023
10:19:33 AM
                                                        2
                                DISTRICT SINGRAULI (MADHYA PRADESH)

                          7.    REETA ASHISH PANDEY W/O SHRI ASHISH
                                PANDEY, AGED ABOUT 27 YEARS, VILLAGE DHEKI
                                TEHSIL AND DISTRICT SINGRAULI (MADHYA
                                PRADESH)

                          8.    SANGEETA PANDEY W/O SHRI SURESH DEV
                                PANDEY, AGED ABOUT 32 YEARS, VILLAGE
                                SAHOKHAR TEHSIL AND DISTRICT SINGRAULI
                                (MADHYA PRADESH)

                          9.    SHRI   MANO KAMNA PRASAD (PRESIDING
                                OFFICER POLLING BOOTH NO. 102) TEACHER
                                GOVERNMENT HIGHER SECONDARY SCHOOL
                                KHAIDAR DISTRICT SINGRAULI (MADHYA
                                PRADESH)

                          10.   SHRI VISHNU BAHADUR SINGH (PRESIDING
                                OFFICER POLLING BOOTH NO. 103) HEAD
                                MASTER M/S KACHHARA DISTRICT SINGRAULI
                                (MADHYA PRADESH)

                          11.   SHRI NAGESHWAR PRASAD TIWARI (PRESIDING
                                OFFICER POLLING BOOTH NO. 104) DEPUTY
                                FOREST     RANGER     SINGRAULI DISTRICT
                                SINGRAULI (MADHYA PRADESH)

                          12.   SHRI OM PRAKASH SINGH UIKEY (PRESIDING
                                OFFICER POLLING BOOTH NO. 105) RURAL
                                AGRICULTURE EXTENSION OFFICER DISTRICT
                                SINGRAULI (MADHYA PRADESH)

                          13.   SHRI   RAMESH    KOL RETURNING OFFICER
                                (PANCHAYAT) JANPAD PANCHAYAT WAIDHAN
                                TEHSILDAR   SINGRAULI NAGAR    DISTRICT
                                SINGRAULI (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI G.S PARASHAR, PANEL LAWYER FOR RESPONDENT 13/STATE)

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

This civil revision has been preferred by the applicant challenging the order dated 03.05.2023 passed by SDO (Revenue), Singrauli, District Singrauli Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/12/2023 10:19:33 AM

in Case No.0003/A-89(21)/2022-23, whereby application under Order 7 Rule 11

(d) CPC filed by the applicant - Shikha Singh has been dismissed.

2. Learned counsel for the applicant by placing reliance on the decision of Supreme Court in the case of N.M Trivedi v. V.B. Raju (1974) 3 SCC 415 so also decision of a Coordinate Bench of this Court in the Case of Kanchan @ Savitri Vs. Kalavati 2003 (3) MPLJ 117 submits that the election petition challenging the voter list is not maintainable, and is liable to be rejected under Order 7 Rule 11 (d) CPC because the question in respect of residence of a voter in particular ward cannot be gone into the election petition. With the aforesaid submissions, he prays for allowing the civil revision.

3. Heard learned counsel for the applicant and perused the impugned order as well as judgments in the case of N.M Trivedi (supra) and Kanchan @ Savitri (supra).

4. From perusal of the aforesaid two judgments in the case of N.M Trivedi (supra) and Kanchan @ Savitri (supra) it is clear that both the judgments are not on the point of scope of Order 7 Rule 11 (d) CPC. In the case of Kanchan @ Savitri Marco the election petition was decided at the time of final decision after recording evidence of the parties and it has been decided that the judge hearing election petition cannot go into question whether a person "is ordinarily resident in the ward or not".

5. As such in my considered opinion, learned SDO/competent authority has not committed any illegality in dismissing the application under Order 7 Rule 11 (d) CPC.

6. Resultantly, this civil revision fails and is hereby dismissed.

7. Interim application(s), if any, shall stand dismissed.

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/12/2023 10:19:33 AM

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 7/12/2023 10:19:33 AM