Madhya Pradesh High Court
Mahendra Jatav vs State Election Commission Thr. on 6 January, 2016
WA-278-2015
(MAHENDRA JATAV Vs STATE ELECTION COMMISSION THR.)
06-01-2016
Shri Pratip Bisoria, learned counsel for the appellant.
Shri Arvind Dudawat, learned Additional Advocate General for the
respondents no.1 to 4/State.
Shri JPS Baghel, learned counsel for the respondent no.5. Shri P.S. Bhadoria, learned counsel for the respondent no.6. This writ appeal has been filed by the petitioner being aggrieved by the order dated 20.9.2015 passed by learned Single Judge in Writ Petition No.2119 of 2015 whereby, the petition filed by the petitioner challenging election of Vice President, Janpad Panchayat, Sabalgarh dated 9.3.2015 has been dismissed granting liberty to the petitioner to file election petition in accordance with the procedure prescribed by law.
Learned counsel for the appellant submits that there is a fundamental defect regarding the manner of reservation undertaken by the authorities and in such circumstances, a writ petition could have been filed and should have been entertained. It is submitted that learned Single Judge has ignored this aspect and therefore, the impugned order be set-aside.
Having heard learned counsel for the appellant, it is observed that in view of the decision of the Supreme Court in the cases of Election Commission of India v. Ashok Kumar and others, (2000) 8 SCC 216, N.P.Ponnuswami v. The State Returning Officer, Namakkal Constituency, Namakkal, AIR 1952 SC 64, Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405 Gurdeep Singh Dhillon v. Satpal, (2006) 10 SCC 616, Jaspal Singh Arora v. State of M.P., (1998) 9 SCC 594, Kurapati Maria Das v. Dr. Ambedkar Seva Samajan, (2009) 7 SCC 387, Anurag Narain Singh v. State of U.P., (1996) 6 SCC 303 and Manda Jaganath v. K.S.Rathnam, (2004) 7 SCC 492, we find no fault with the order passed by learned Single Judge warranting interference in the present writ appeal. The writ appeal filed by the petitioner is accordingly dismissed with liberty to the petitioner to file election petition in accordance with law.
(RAVI SHANKAR JHA) (M.K. MUDGAL)
JUDGE JUDGE