Madhya Pradesh High Court
Smt. Monika Gupta vs The State Of Madhya Pradesh on 22 May, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 22 nd OF MAY, 2024
WRIT PETITION No. 13363 of 2024
BETWEEN:-
SMT. MONIKA GUPTA W/O SHRI VIJAY GUPTA, AGED
ABOUT 48 YEARS, OCCUPATION: PRESIDENT, NAGAR
PARISHAD CHURHAT DISTRICT SIDHI M.P. R/O WARD
NO.8, CHURHAT DISTRICT SIDHI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAGAT SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH THE
CHIEF ELECTION COMMISSIONER STATE
ELECTION COMMISSION DISTRICT BHOPAL
(MADHYA PRADESH)
2. STATE OF M.P. THROUGH THE PRINCIPAL
SECRETARY, URBAN ADMINISTRATION
D EPARTM EN T VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
3. THE COLLECTOR/DISTRICT ELECTION OFFICER,
DISTRICT SIDHI (MADHYA PRADESH)
4. SUPERINTENDENT OF POLICE, S ID HI DISTRICT
SIDHI (MADHYA PRADESH)
5. STATION HOUSE OFFICER, POLICE STATION
CHURHAT DISTRICT SIDHI (MADHYA PRADESH)
6. ASSISTANT ELECTION OFFICER, NAGAR
PARISHAD CHURHAT DISTRICT SIDHI (MADHYA
PRADESH)
7. AJAY PANDEY S/O LATE SHRI RAMLAKHAN
PANDEY OCCUPATION: VICE PRESIDENT NAGAR
PARISHAD CHURHAT, DISTRICT SIDHI (MADHYA
PRADESH)
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 22-May-24
6:12:33 PM
2
.....RESPONDENTS
(STATE BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of Constitution of India has been filed
seeking following relief(s):-
(i) That this Hon'ble Court may kindly be pleased to issue the
writ of mandamus for directing the respondent authorities
particularly Collector/ District Election Commissioner to
decide the representations (Annexure P-3) filed by the
petitioner before them.
(ii) Any other relief this Hon'ble Court may deem fit to grant
in the interest of justice.
2. It is submitted by counsel for petitioner that petitioner is the President of
Municipal Council Churhat, District Sidhi. Respondent No.7 had contested the
election from ward No.3 by filing a false affidavit. Accordingly, she has made a
representation to the Collector to remove him from the post as well as to
register the FIR and accordingly, it is prayed that the Collector, Sidhi may be
directed to decide the said representation.
3. Considered the submissions made by counsel for the petitioner.
4. Shri Singh was requested to point out as to whether this Court can direct
the Police Authorities to register the FIR and under what capacity the Collector
is required to direct for registration of FIR.
5. It is fairly conceded that representation has not been properly drafted but it
is submitted that in view of letter & spirit of the representation, Collector may
be directed to decide the same.
6. This Court is unable to accept the contention made by counsel for the
petitioner. The Collector has no authority to remove the elected ward member
who was subsequently elected as Vice President. The elected person can be
removed by election petition and same has not been done by the petitioner.
7. If the petitioner wants that some crime has been committed by respondent
No.7 by filing a false affidavit, even then a Writ Petition for lodging FIR is not
maintainable and in the light of judgment passed by Supreme Court in the case
o f Sakiri Vasu vs. State of U.P. reported in (2008) 2 SCC 409, Aleque
Padamsee and others Vs. Union of India & Ors. reported in (2007) 6 SCC
171, Divine Retreat Centre Vs. State of Kerala and others reported in
(2008) 3 SCC 542 and a Division Bench of this Court in the case of Shweta
Bhadauria Vs. State of M.P. & Ors. decided on 20.12.2016 in Writ Appeal
No.247/2016, petitioner has an efficacious remedy to approach the concerning
Magistrate under Sections 156(3), 200 and 202 of Cr.P.C.
8. Accordingly with aforesaid liberty, petition is dismissed.
(G.S. AHLUWALIA)
JUDGE
S.M.
