Madhya Pradesh High Court
Smt. Parvati Ahirwar vs The State Of Madhya Pradesh on 15 July, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 15th OF JULY, 2022
WRIT PETITION No. 16060 of 2022
Between:-
SMT. PARVATI AHIRWAR W/O SHRI SHIVRAM
AHIRWAR OCCUPATION: AGRICULTURIST
RESIDENT OF GRAM PANCHAYAT PADWARA
NOUGAON DISTRICT CHHATARPUR (MADHYA
PRADESH)
.....PETITIONER
(BY MR. ASHISH VISHWAKARMA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR CHHATARPUR (M.P.) (MADHYA
PRADESH)
2. THE COMMISSIONER THE STATE ELECTION
COMMISSION NIRVACHAN BHAWAN BHOPAL
(MADHYA PRADESH)
3. THE SUB DIVISIONAL OFFICER CHHATARPUR
NOUGAON DISTRICT CHHATARPUR M.P.
(MADHYA PRADESH)
4. THE TAHSILDAR DISTRICT/ELECTION OFFICER
CHHATARPUR CHHATARPUR M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY MR. PIYUSH JAIN, GOVERNMENT ADVOCATE)
(BY MR. SIDDHARTH SETH, ADVOCATE FOR
RESPONDENT/ELECTION COMMISSION)
Th is petition coming on for hearing this day, th e court passed the
following:
Signature Not Verified
SAN
ORDER
Digitally signed by DEVASHISH MISHRA Date: 2022.07.15 18:53:08 IST By the instant petition, the petitioner is raising her grievance with regard 2 to irregularities committed during counting of votes.
Learned counsel for the petitioner submits that for the post of Sarpanch of Gram Panchayat Padwaha, Tehsil and District Chhatarpur, the petitioner has contested election. He submits that the petitioner secured equal votes then that of other contesting candidate, but the Returning Officer after declaring a vote rejected which in fact was casted in the petitioner's favour, declared the other candidate a winner. He submits that counting took place on 08.07.2022 whereas pointing out the irregularity, the petitioner on the very next date i.e. 09.07.2022, moved an application for recounting of votes to the Returning Officer, but the same is still pending and no decision thereon has been taken so far. Therefore, h e is seeking direction for the authority to decide the petitioner's pending application expeditiously.
O n the other hand, learned Government Advocate and learned counsel for respondent/Election Commission have opposed the submission advanced by learned counsel for the petitioner and submitted that the result of election has already been declared on 14.07.2022 and as such, at this stage, nothing can be done.
Considering the aforesaid and taking note of the fact that result of election has already been declared, at this stage, it is not appropriate for this Court to issue any direction to the respondents for recounting of votes. Thus, this petition is disposed of with a liberty to the petitioner that if she has any election dispute, she may raise the same by filing an election petition under the provisions of Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
Signature Not Verified SANWithout expressing any opinion on the merits of the case, this petition is Digitally signed by DEVASHISH MISHRA Date: 2022.07.15 18:53:08 IST disposed of.
3(SANJAY DWIVEDI) JUDGE Devashish Signature Not Verified SAN Digitally signed by DEVASHISH MISHRA Date: 2022.07.15 18:53:08 IST