Madhya Pradesh High Court
Kamal Patel vs Panchyat And Rural Developement ... on 7 November, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 7th OF NOVEMBER, 2022
WRIT PETITION No. 17457 of 2022
BETWEEN:-
KAMAL PATEL S/O SHRI BHAGWAN PATEL,
AGED ABOUT 46 YEARS, OCCUPATION:
AGRICULTURIST VILLAGE BARKHEDA, POST
CHIDAWAD, TEHSIL TONKKHURD (MADHYA
PRADESH)
.....PETITIONER
(MS. ARCHANA KHER, LEARNED COUNSEL FOR THE
PETITIONER).
AND
1. PANCHYAT AND RURAL DEVELOPEMENT
DEPARTMENT PRINCIPAL SECRETARY BHOPAL
(MADHYA PRADESH)
2. CHIEF ELECTION OFFICER COLLECTOR DEWAS
(MADHYA PRADESH)
3. RETURNING ELECTION OFFICER (PANCHAYAT)
SMT. RADHA MAHANT TONKKHURD (MADHYA
PRADESH)
4. SHRI DHEERAJ SINGH S/O LAXMICHAND
OCCUPATION: AGRICULTURIST VILLAGE
BARKHEDA, POST CHIDAWAD, TEHSIL
TONKKHURD (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KOUSTUBH PATHAK, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENT/STATE
SHRI KAMAL NAYAN AIREN, LEARNED COUNSEL FOR THE
RESPONDENT NOS.2 AND 3.
SHRI SANJAY JAMINDAR, LEARNED COUNSEL FOR THE
RESPONDENT NO.4)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 07-11-2022
17:43:36
2
ORDER
The present petition is filed under Article 226 of the Constitution of India, seeking a declaration that the petitioner be declared as elected Sarpanch of Gram Panchayat-Barkheda, District-Dewas and also to quash Annexure P-3 by which the respondent No.4 has been declared Sarpanch. The direction has been sought to rectify the mistake occurred in the Form-17 and further a direction be issued to issue certificate of election in favour of the petitioner. The petitioner alongwith the respondent No.4 Dheeraj Singh, Rakesh Kumar and Sohanlal contested the Panchayat Elections-2022 for the post of Sarpanch of Gram Panchayat-Barkheda(Tonkkhurd).
The election was conducted on 1/7/2022 and on the same date the votes were counted. According to the petitioner, the petitioner got highest votes 644 and the petitioner was to be declared elected for the post of Sarpanch.
It is submitted that Form No.17 under Rule 77(2) of Madhya Pradesh Panchayat Nirvachan Niyam, 1995 was issued to the petitioner. As per the said certificate, one Dheeraj Singh got 181 votes and the petitioner got 122 votes. One Rakesh Kumar got 93 whereas Sohanlal Patel got 38 votes, however, in the Form-17 which was forwarded by the Returning Officer to the District Election Officer, by mistake the votes shown in favour of the petitioner as 93 and one Rakesh Kumar was shown as polled votes 122. It is contended that due to mistake in the entry in the Form the votes of the petitioner were shown less votes in the Form-17 under Rule 77(2) of the M.P Panchayat Nirvachan Niyam, 1995. Since it was a clerical and arithmetical mistake in the Form-17, therefore, District Election Officer ought to have exercised power under Rule 84 of the Nirvachan Niyam,1995 and should have corrected the aforesaid entry.
The respondents have filed the reply and raised an objection regarding Signature Not Verified Signed by: SOURABH YADAV Signing time: 07-11-2022 17:43:36 3 maintainability of the petition on the ground that the petitioner has already filed an election petition on 18/7/2022 whereas the present petition has been filed on 27/7/2022 and the aforesaid fact has not been disclosed in the writ petition.
It is further submitted that the grounds taken in the writ petition have also been taken in the said election petition.
After hearing learned counsel for the parties, I am not inclined to entertain the petition as on the same issue election petition has been filed before the prescribed authority. Without making any comment on the merits of the case I deem it proper to dispose off the present petition with a direction to the competent authority to decide the election petition expeditiously, in accordance with the law, after considering all the points raised by the parties.
With the aforesaid, the writ petition is disposed off.
(VIJAY KUMAR SHUKLA) JUDGE Pramod Signature Not Verified Signed by: SOURABH YADAV Signing time: 07-11-2022 17:43:36