Madhya Pradesh High Court
Sumer Singh vs Smt. Renu Garg on 8 October, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
1
CR No.175/2024
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
CR No. 175 of 2024
(SUMER SINGH Vs SMT. RENU GARG AND OTHERS )
Dated: 08/10/2025
Shri Pratip Visoriya - Advocate for the applicant.
Shri Rajnish Sharma- Advocate for the respondent No.1.
Shri Ankur Mody - Additional Advocate General for the State/respondent
No.3.
2. The election petition filed by applicant has been dismissed on multiple
grounds and primarily on the ground that election petition is premature because
in the light of Section 20(3)(i) of M.P. Municipalities Act election petition has to
be presented within a period of 30 days from the date on which result of such
election or nomination was notified in the official Gazette. It was held by the
Trial Court that since, the copy of notification published in the official Gazette
has not been placed on record, therefore, the election petition is premature.
3. Although, it is submitted by counsel for respondents No.1 and 3 that in
view of indirect election of President, which was incorporated by amendment
introduced in the month of January, 2020, the notification of election of
President of Municipal Council in official Gazette was not required and order
passed by the Trial Court holding the election petition to be premature on the
ground of non-disclosure of date of notification of election in the official
Gazette is erroneous, but it appears that respondents No.1 and 3 are taking
different stands as per their own convenience before different Courts.
4. The record of Court below has been received.
5. Respondent No.1 in paragraph 23 of her written statement has taken the
following stand:-
23- ;g fd uxjikfydk vf/kfu;e dh /kkjk 20 ¼3½ ds vuqlkj ;kfpdk ifj.kke
vf/klwfpr gksus ls 30 fnol ds Hkhrj iz'uxr fd;k tkosxkA fdUrq ,slh vf/klwpuk
is'k ugh dh gS bl dkj.k ;kfpdk fizesP;ksj gSA"
6. Thereafter, an application under Section 20 of M.P. Municipalities Act
was filed by respondent No.1, which reads as under:-
1&;gfd vkosnd us mä ;kfpdk /kkjk 20 eåçå uxj ikfydk
vf/kfu;e ds varxZr is'k dh gSA
2&;gfd ;kfpdk vkosnu i= ds lkFk ernku ifj.kke dh dksbZ
çekf.kr çfr is'k ugha dh gSA
3& ;gfd /kkjk 20 ds mi/kkjk ¼3½ es ;g çko/kku gS fd ifj.kke
vf/klwfpr gksus ls 30 fnol ds Hkhrj mls ç'uxr fd;k tkosxkA
4&;gfd vkosnd us vkosnui= ds lkFk ,lk dksbZ vfHkys[k is'k
ugh fd;k gS tks ;g n'kkZrk gks fd v/;{k dk mä fuokZpu jkti= esa
vf/klwfpr dj fn;k x;k gSA
5&;gfd mä dkj.kksa ls ;kfpdk çpyu'khy çrhr ugha gks jgh
gSA
vr% çkFkZuk gS fd mä laca/k esa vkosnd dks fLFkrh Li"V djus
gsrq funsZf'kr fd;k tkos vU;Fkk çpyu'khy u gksus ls ;kfpdk fujLr
QjekbZ tkus dh --ik djsA"
7. An application under Order 7 Rule 11 of C.P.C. was filed by State taking
a specific defence that since, election petitioner/applicant has not disclosed the
date of publication of election of respondent No.1 in official Gazette, therefore,
the election petition is premature. Application filed by State under Order 7 Rule
11 of C.P.C. reads as under:-
" vkosnu i= varxZr vkns'k 7 fu;e 11 O;ogkj çfØ;k lafgrkA
ekU;oj egksn;]
çkFkZuk i= fuEu çdkj is'k gS :&
1- ;g fd çdj.k lnj es e-ç-u-ik-vf/k- 1961 dh /kkjk 20 ds varxZr v/;{k ds
pquko ds fo:) ;kfpdk çLrqr djus dk çko/kku gSA
2- ;g fd /kkjk 20 dh mi /kkjk 03 ds vuqlkj mä vthZ rc rd xzg.k ugha dh
tk,sxh tc rd mä fuokZpu dk ifj.kke jkti= es vf/klwfpr fd;k x;k Fkk ds
30 fnu ds Hkhrj çLrqr u dh tkosA
3- ;g fd /kkjk 20 dh mi /kkjk 03 ¼2½ ds vuqlkj uxjikfydk ifj"kn ds
fuokZpu dh n'kk esa mlds lkFk 200@&:- dk fu{ksi n'kkZus okyh ljdkjh [ktkus
dh jlhn is'k dh tkosA
4- ;g fd mä /kkjk 20 ¼5½ ¼x½ ds vuqlkj vthZnkj }kjk gLrk{kfjr dj O;ogkj
çfd;k lafgrk es vfHkopuks ds lR;kiu- ds fy, fofgr dh xbZ çfØ;k vuqlkj
lR;kfir gksuk pkfg;sA
5- ;g fd ;kfpdkdrkZ }kjk viuh vthZ es ;g vfHkopu ugh fd;k gS fd u-ik-
vf/kfu;e dh /kkjk 45 ds vuqlkj jkT; fuokZpu vk;ksx }kjk fdl fnukad dks
fuokZpu dk ifj.kke vf/klwfpr fd;k x;k gS pwafd uxjikfydk vf/kfu;e dh /kkjk
20 ¼3½ ¼1½ ds vuqlkj vthZ pquko ifj.kke ds jkti= es çdkf'kr gksus ds 30
fnol ds vanj çLrqr djus dh O;oLFkk nh gS fdUrq ;kfpdkdrkZ }kjk bl lca/k es
dksbZ fLFkfr Li"V ugha dh gS bl dkj.k ,slk yxrk gS mä fuokZpu jkti= es
vf/klwfpr gh rRle; ugh fd;k x;k gS bl dkj.k mä vthZ /kkjk 20 ¼3½ ¼1½ ds
çko/kkuks ds vuqlkj çFke -f"V esa gh xzg.k fd;s tkus ;ksX; ugh gSA
6- ;g fd e-ç-u-ik-vf/kfu;e dh /kkjk 20 ¼3½ ¼2½ ds vuqlkj mä vthZ ds lkFk
ljdkjh [ktkus esa fu{ksi fd;s tkus okyh 200@&:- dh jkf'k dh jlhn çLrqr
dh tkuk pkfg;s fdUrq bl ekeys esa ;kfpdk ds lkFk ;kfpdkdrkZ }kjk ,slh dksbZ-
jlhn is'k ugh dh gS cfYd 500@&:- dk U;kf;d LVkEi LVkEi cs.Mj ds ek/;e
ls v‚uykbZu fudyokdj is'k dj fn;k gS mä 500@&:- ds LVkEi dks fuokZpu
gsMa esa tek dh xbZ jkf'k rFkk ljdkjh [ktkus dh jlhn ugh ekuk tk ldrk gS
bl dkj.k mä ;kfpdk fu;ekuqlkj ;kfpdk 'kqYd dh jlhn is'k u dh tkus ls
xzg.k fd;s tkus ;ksX; ugh gSA
7- ;g fd ;kfpdkdrkZ us mä ifj.kke@jkti= dh dksbZ çekf.kr çfr is'k ugh
dh gS bl dkj.k Hkh ;kfpdk xzg.k fd;s tkus ;ksX; ugh gSA
8- ;g fd ;kfpdkdrkZ us O;ogkj çfd;k lafgrk ds çko/kkuks ds vuqlkj vfHkopuks
dks lR;kfir ugha fd;k gSA ;g Hkh nf'kZr ugh fd;k gS fd dksu dksu ls
vfHkopu Lo;a dh tkudkjh ls vkSj dkSu dksu ls vfHkopu dkuwuh lykg çkIr
dj lR;kfir fd;s x;s gS bl dkj.k mä vthZ /kkjk 20 ¼5½ ¼x½ ds çko/kkuksa ds
vuqlkj xzg.k fd;s tkus ;ksX; ugha gSA
vr% çkFkZuk gS fd vkosnu i= Lohdkj fd;k tkdj vkosnd }kjk çLrqr
dh xbZ fuokZpu ;kfpdk çpyu ;ksX; u gksus ls fujLr djus dh --ik djsaA"
8. Thus, it is clear that a specific stand was taken by respondents No.1 and 3
before the Trial Court to the effect that since, applicant has not disclosed the
date of publication election of respondent No.1 in official Gazette, therefore, the
election petition is premature. Objection raised by respondents No.1 and 3 was
also accepted by the Trial Court and the election petition has been dismissed as
premature also.
9. Undisputedly, election of respondent No.1 has not been notified in official
Gazette. Accordingly, yesterday i.e. on 07/10/2025, this Court had passed the
following order:-
"The election in question took place in the year 2022,
therefore, pre-amended provision of Section 20 of the M.P.
Municipalities Act would be applicable, which provides that the
election petition is to be presented within 30 days from the date on
which result of such election or nomination was notified in the
Gazette. The Court below has dismissed the election petition as
premature on the ground that election of respondent No.1 has not
notified in the Gazette.
Counsel for State prays for and is granted a day's time to
address this Court as to whether publication of election of
respondent No.1 in the official Gazette was necessary.
In view of pre-amended provision of Section 20(3)(i) of
M.P. Municipalities Act, if the Gazette notification was required,
then the State Government shall also clarify that in absence of
Gazette notification, how respondent No.1 is working as President
of Municipal Council, Sheopur.
Shri Rajnish Sharma, Advocate is also directed to assist this
Court on the aforesaid question because in case if it is found that
Gazette notification of election of respondent No.1 is essential,
then this Court may restrain respondent No.1 from performing
duties of President with immediate effect.
List on 08/10/2025.
The case shall be taken up at 10:30 AM, irrespective of
serial number at which it might be listed."
10. Today, neither counsel for respondent No.1 nor counsel for respondent
No.3 were able to justify that after having taken an objection before the Trial
Court with regard to premature institution of election petition and after having
succeeded on the said aspect then how they can take a somersault before this
Court by submitting that notification of election of President in official Gazette
was not necessary? Although, counsel for respondent No.3 has tried to refer to
provisions of Section 19, 20(3)(i) of M.P. Municipalities Act, which was in
force on the date of election in question as well as Section 55 of M.P.
Municipalities Act but has not brought even a single judgment to support his
contentions.
11. Under these circumstances, when an important question is required to be
adjudicated and respondents No.1 and 3 are misusing the lawful authority of the
Court by taking different stands before different Courts, this Court is of
considered opinion that an elaborate and detailed argument is required.
12. In view of the specific stand taken by respondents No.1 and 3 before the
Trial Court that election petition filed without disclosure of date of publication
in official Gazette is premature, this Court is of considered opinion that directly
or indirectly respondent No.1 as well as respondent No.3 had specifically
admitted that without there-being any publication in official Gazette respondent
No.1 cannot act as President.
13. Under these circumstances, where this Court is not getting proper
assistance from counsel for respondents for final adjudication of this civil
revision as well as in view of specific stand taken by respondents No.1 and 3
before the Trial Court, for the time-being, it is directed that respondent No.1
shall immediately stop functioning as President of Municipal Council, Sheopur.
14. This order has been dictated in open Court at 11:06 AM in the presence of
counsel for applicant as well as counsel for respondents and, therefore, from
11:10 AM onward, respondent No.1 shall stop functioning as President of
Municipal Council, Sheopur.
15. Although, this Court was inclined to hear the matter finally on any date
suggested by counsel for respondents but in spite of repeated request by the
Court, no date was suggested by counsel for either of the parties.
16. Accordingly, this civil revision is admitted for final hearing.
17. Counsel for respondent No.3 is directed to immediately communicate this
order to the President, Municipal Council Sheopur as well as to CEO, Municipal
Council, Sheopur for compliance with effect from 11:10 AM onward.
(G.S. Ahluwalia)
Judge
PjS/-
PRINCEE BARAIYA
2025.10.08 18:17:26 +05'30'
