Madhya Pradesh High Court

Rambai Prjapati vs The State Of Madhya Pradesh on 1 April, 2025

Author: Vishal Dhagat

Bench: Vishal Dhagat

         NEUTRAL CITATION NO. 2025:MPHC-JBP:15764




                                                              1                                WP-24678-2023
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                    ON THE 1 st OF APRIL, 2025
                                                WRIT PETITION No. 24678 of 2023
                                                   RAMBAI PRJAPATI
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Jai Shukla - Advocate for petitioner.

                                   Shri Lokesh Jain - Government Advocate for State.
                                   Shri Prabhakar Singh - Advocate for respondent No.4.

                                                                  ORDER

Petitioner has filed this petition under Article 226 of Constitution of India challenging order dated 31/08/2023 contained in Annexure P-3. By said order application filed by respondent No.4 was allowed permitting him to add party.

Counsel appearing for petitioner relied upon judgment passed by Coordinate Bench of this Court reported in 2008 (1) MPLJ 547, Mohammad

Isha Vs. Vasudeo Nebhnani & others , wherein Court held that Election Petition is to be filed within period of 30 days from the date of notification. In view of limitation provided for filing of Election Petition new respondent cannot be added and Election Petition could have become incompetent after expiry of 30 days. On basis of said judgment passed by Coordinate Bench of this Court, petitioner prays for setting aside of impugned order.

NEUTRAL CITATION NO. 2025:MPHC-JBP:15764

2 WP-24678-2023 Counsel appearing for respondent No.4 supports the impugned order and submitted that petitioner may not be adversely affected if new respondent is to be added in the petition.

Heard learned counsel for the parties.

Election Petition is to be filed within the time framed specified therein i.e. 30 days. After lapse of 30 days new party could not be permitted to be added as petition may become incompetent because of limitation of period. In view of same, petition filed by petitioner is allowed and order dated 31/08/2023 is set aside.

(VISHAL DHAGAT) JUDGE