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Madhya Pradesh High Court
Prem Narayan Ahirwar vs The State Of Madhya Pradesh on 11 December, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:65183
1 WP-47228-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 11th OF DECEMBER, 2025
WRIT PETITION No. 47228 of 2025
PREM NARAYAN AHIRWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Priyan Shrivastava - Advocate for petitioner.
Shri Alok Agnihotri - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) To issue writ in the nature of mandamus directing respondent No.3
to decide letter dated 01.09.2025 (Annexure P/7) in the time bound
manner.
(ii) To issue writ in the nature to mandamus to direct the Higher Level
Caste Scrutiny Committee to decide the case within 60 days.
(iii) Any other relief or orders which this Hon'ble Court deemed fit and
proper under the facts and circumstances in the interest of justice.
2. It is pointed out that a complaint made by the petitioner regarding caste
certificate of private respondent No.7 was not taken note of, therefore, the
petitioner preferred a writ petition being WP No. 305 of 2024 which was
disposed of vide order dated 07.01.2025. In pursuance to the order passed by
this Court, the Collector has forwarded the complaint of the petitioner for
examination before the High Level Scrutiny Committee and the same was
submitted before the authorities in the month of September, 2025 and since
then the same is pending consideration. A prayer is made to direct the High
NEUTRAL CITATION NO. 2025:MPHC-JBP:65183
2 WP-47228-2025
Power Caste Scrutiny Committee to consider and decide the complaint of the
petitioner.
3. During course of the arguments, petitioner's counsel was asked to
explain his locus to file this petition, once his complaint has already been
taken note of and is pending adjudication before the High Power Caste
Scrutiny Committee. He submits that the petitioner was one of the
contestants in the election which took place in the year 2024. Therefore, he
has a right to file the petition. He has placed reliance upon the decision of the
Hon'ble Supreme Court in the case of Ayaaubkhan Noorkhan Pathan v. State
of Maharashtra reported (2013) 4 SCC 465.
4. However, the fact remains that once the complaint made by the
petitioner is already taken note of by the authorities and an inquiry on the
complaint is pending consideration before the High Power Caste Scrutiny
Committee then the petitioner is having no locus to file this petition in view
of the judgment passed by the Division Bench of this Court in the case of
M.P. Karmchari Congress vs State of M.P. : WA No. 64 of 2021 decided on
10.02.2021. Further, the petitioner was having a remedy to challenge the
election by filing election petition. That was not done by the petitioner. It is
settled law that if a person claiming relief is not eligible as per requirement,
then he cannot be said to be a person aggrieved regarding the election or the
selection of other persons (See. : Anand Sharadchandra Oka v. University of
Mumbai reported in (2008) 5 SCC 217). The complaint made by the
petitioner has already been taken note of.
5. In view whereof, as the authorities are already seized with the
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complaint of petitioner and an enquiry is pending before the High Power
Caste Scrutiny Committee in pursuance to the same, therefore, no relief can
be extended to the petitioner as he is having no locus to file this petition in
view of the Division Bench judgment of this Court in the case of M.P.
Karmchari Congress (supra).
6. The petition sans merit and is accordingly dismissed. No order as to
costs.
(VISHAL MISHRA)
JUDGE
VV
