Madhya Pradesh High Court
Dr. Arvind Singh Bhadoriya vs Election Commission on 30 November, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1 W.P. No.29339/2023
IN HE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 30th OF NOVEMBER, 2023
WRIT PETITION No. 29339 of 2023
BETWEEN:-
DR. ARVIND SINGH BHADORIYA S/O LATE SHRI SHIVNATH SINGH
BHADORIYA, AGED ABOUT 55 YEARS, OCCUPATION: CONTESTING
CANDIDATES OF MEMBER OF LEGISLATIVE ASSEMBLE
CONSTITUENCY NO. 09 ATER, DISTRICT BHIND M.P. R/O MEERA
COLONY WARD NO. 19 DISTRICT BHIND (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AKRAM KHAN - ADVOCATE)
AND
ELECTION COMMISSION THROUGH CHIEF ELECTION
1.
COMMISSIONER ASHOKA ROAD, NEW DELHI (INDIA) (DELHI)
CHIEF ELECTION OFFICER OF MADHYA PRADESH 17 ARERA HILLS
2.
BHOPAL (MADHYA PRADESH)
COMMISSIONER DIVISION CHAMBAL DISTRICT MORENA
3.
(MADHYA PRADESH)
COLLECTOR/DISTRICT ELECTION OFFICER, DISTRICT BHIND
4.
(MADHYA PRADESH)
OBSERVER (PREKSHAK) LEGISLATIVE ASSEMBLY CONSTITUINCY
5.
09, ATER, DISRTICT BHIND (MADHYA PRADESH)
SUPERINTENDENT OF POLICE DISTRICT BHIND (MADHYA
6.
PRADESH)
DEPUTY DISTRICT ELECTION OFFICER DISTRICT BHIND
7.
(MADHYA PRADESH)
RETURNING OFFICER M.P.STATE LEGISLATIVE ASSEMBLY
8.
CONSTITUINCY 09, ATER, BHIND (MADHYA PRADESH)
9. SHRI HARI SHANKAR FHOGI, CONTESTANT BAHUJAN SAMAJ
PARTY IN ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
2 W.P. No.29339/2023
(CONSTITUENCY NO. 09 ATER) VILLAGE PUR, P.O. PIDHORA,
POLICE STATION DEHAT, BHIND (MADHYA PRADESH)
SHRI HEMANT SATYADEV KATARE, CONTESTANT INDIAN
NATIONAL CONGRESS IN ELECTION OFMEMBER OF
10. LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09 ATER), KATARE
NIWAS, AGRAWAL COLONY, ATER ROAD, BHIND (MADHYA
PRADESH)
SHRI OMPRAKASH JAREHA, CONTESTANT PEOPLES PARTY OF
INDIA (DEMOCRATIC) IN ELECTION MEMBER OF LEGISLATIVE
11.
ASSEMBLY (CONSTITUENCY NO. 09 ATER) VILLAGE
MAHADEVPURA, ATAHAR, ATER, BHIND (MADHYA PRADESH)
SMT POOJA HEERENDRA PRATAP (PUR) CONTESTANT AAZAD
SAMAJ PARTY (KANSHI RAM) IN ELECTION MEMBER OF
12.
LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09 ATER) GRAM 332
PUR, POST PIDORA, THANA DEHAT, BHIND (MADHYA PRADESH)
SHRI MUNNA SINGH BHADOURIA, CONTESTANT SAMAJWADI
PARTY IN ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
13.
(CONSTITUENCY NO. 09 ATER) VILLAGE KISHUPURA POST
KISHUPURA, TEHSIL ATER, BHIND (MADHYA PRADESH)
SHRI ANIL SINGH, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
14.
ATER) VILLAGE PUR PIDHORA POLICE STATION DEHAT, BHIND
(MADHYA PRADESH)
SHRI ABHISHEK MISHRA, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
15.
(CONSTITUENCY NO. 09 ATER) GRAM PARYAYA TEHSIL ATER,
BHIND (MADHYA PRADESH)
SHRI ARVIND TYAGI, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
16.
ATER) VILLAGE AND POST GAHELI, TEHSIL MEHGAON, BHIND
(MADHYA PRADESH)
SHRI ARUN KATARE, INDEPENDENT CONTESTANT IN ELECTION
17. MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
ATER) MANEPURA TEHSIL ATER, BHIND (MADHYA PRADESH)
SHRI ASHOK SINGH, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
18.
ATER) VILLAGE KYARIPURA TEHSIL ATER, BHIND (MADHYA
PRADESH)
SHRI ASHA RAM, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
19.
ATER) VILLAGE NAYAV POLICE STATION BAROHI, BHIND
(MADHYA PRADESH)
3 W.P. No.29339/2023
SHRI UMESH GARG, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
20.
ATER) , GRAM MURLIPURA, JAWASHA, ATER, BHIND (MADHYA
PRADESH)
SHRI KESHAV SINGH GURJAR, INDEPENDENT CONSTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
21.
(CONSTITUENCY NO. 09 ATER) , 134, RAMCHARANA SINGH KA
PURA, VILAGE BAGHEDI, BHIND (MADHYA PRADESH)
SHRI CHANDRAVEER SINGH KUSHWAH, INDEPENDENT
CONTESTANT IN ELECTION MEMBER OF LEGISLATIVE
22.
ASSEMBLY (CONSTITUENCY NO. 09 ATER) WARD NO. 23,
CHATURVEDI NAGAR, BHIND (MADHYA PRADESH)
SHRI CHANDRA PRAKASH SHARMA, INDEPENDENT CONTESTANT
IN ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
23.
(CONSTITUENCY NO. 09 ATER) , VILLAGE 93- JARI, DISTRICT
BHIND (MADHYA PRADESH)
SHRI DHARMENDRA TIWARI, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
24.
(CONSTITUENCY NO. 09 ATER) VILLAGE VINDWA, TEHSIL ATER
BHIND (MADHYA PRADESH)
SHRI DHARMENDRA SINGH MOURYA, INDEPENDENT
CONTESTANT IN ELECTION MEMBER OF LEGISLATIVE
25.
ASSEMBLY (CONSTITUENCY NO. 09 ATER) GRAM BASBY KA PURA,
POST KHARIKA TEHSIL ATER, BHIND (MADHYA PRADESH)
SHRI NARENDRA SINGH BANSAL, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
26.
(CONSTITUENCY NO. 09 ATER) PARA KA PURA, ATER, BHIND
(MADHYA PRADESH)
SHRI NAVAL SINGH, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
27.
ATER) 76, GRAM PARRAWAN TEHSIL MEHGAON, BHIND (MADHYA
PRADESH)
SHRI PAN SINGH, INDEPENDENT CONTESTANT IN ELECTION
28. MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
ATER) 68, RAIPURA, BHIND (MADHYA PRADESH)
SHRI PANKAJ SHARMA, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
29.
(CONSTITUENCY NO. 09 ATER) GRAM GADHI, POST JOURI, TEHSIL
MEHGAON, BHIND (MADHYA PRADESH)
30. SHRI BRAJENDRA SINGH, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
(CONSTITUENCY NO. 09 ATER) VILLAGE DHEERAJ SINGH KA
4 W.P. No.29339/2023
PURA, BADPURA TEHSIL ATER, BHIND (MADHYA PRADESH)
SHRI MAHESH KUMAR, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
31.
(CONSTITUENCY NO. 09 ATER) VILLAGE RANI VIRGAWA, ATER,
BHIND (MADHYA PRADESH)
SHRI MAHESH SINGH YADAV, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
32.
(CONSTITUENCY NO. 09 ATER) GRAM DHARAI, BHIND (MADHYA
PRADESH)
SMT MEERA DEVI, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
33.
ATER) KATARE BHAWAN AGRAWAL COLONY, ATER ROAD, BHIND
(MADHYA PRADESH)
SHRI RAVI BAGHEL, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
34.
ATER) VILLAGE BHUJPURA TEHSIL ATER, BHIND (MADHYA
PRADESH)
SHRI RAJ KISHORE SHARMA, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
35.
(CONSTITUENCY NO. 09 ATER) VILLAGE KISHPURA, TEHSIL ATER,
BHIND (MADHYA PRADESH)
SHRI RAJEEV, IDEPENDENT CONTESTANT IN ELECTION MEMBER
OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09 ATER)
36.
VILLAGE DATAWALI POST SURPURA, TEHSIL ATER, BHIND
(MADHYA PRADESH)
SHRI RADHAMOHAN, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
37.
ATER) VILLAGE PACHOKHARA, TEHSIL ATER, BHIND (MADHYA
PRADESH)
SHRI RAMDAS GURJAR, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
38.
(CONSTITUENCY NO. 09 ATER) VILLAGE GHINOCHI, POST AND
TEHSIL ATER, DISTRICT BHIND (MADHYA PRADESH)
SHRI RAMVILASH, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
39.
ATER) VILLAGE VIRAGAMA POST PAWAI, BHIND (MADHYA
PRADESH)
SHRI RAHUL SHARMA, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
40.
ATER) VILLAGE CHANDUPURA, POST CHANDUPURA, BHIND
(MADHYA PRADESH)
41. SHRI VIJAY SINGH KUSHWAH, INDEPENDENT CONTESTANT IN
5 W.P. No.29339/2023
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
(CONSTITUENCY NO. 09 ATER) VILLAGE JOURI KA PURA, TEHSIL
ATER, BHIND (MADHYA PRADESH)
SHRI VINOD KUMAR JATAV, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
42. (CONSTITUENCY NO. 09 ATER) 87, PHOOPKALA WARD NO. 13,
SHYAMAPRASAD MUKHARJEE WARD PHOOPKALA, BHIND
(MADHYA PRADESH)
SATYA PRAKASH PATHAK, INDEPENDENT CONTESTANT IN
ELECTION MEMBER OF LEGISLATIVE ASSEMBLY
43.
(CONSTITUENCY NO. 09 ATER) VILLAGE PRATAPPURA ATER,
BHIND (MADHYA PRADESH)
SATENDRA SINGH BHADORIYA (CHACHA) INDEPENDENT
CONTESTANT IN ELECTION MEMBER OF LEGISLATIVE
44.
ASSEMBLY (CONSTITUENCY NO. 09 ATER) 84, WATER WORKS
ROAD BIJALI VIBAG KE SAMNE, BHIND (MADHYA PRADESH)
SUNEEL KUMAR, INDEPENDENT CONTESTANT IN ELECTION
MEMBER OF LEGISLATIVE ASSEMBLY (CONSTITUENCY NO. 09
45.
ATER) VILLAGE AND POST UDOTGARH, TEHSIL ATER, BHIND
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SIDDHARTH SHARMA - ADVOCATE FOR RESPNDENT NO.2)
This petition coming on for hearing this day, the court passed the
following:
ORDER
1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:
"(I) The respondent authorities particularly the election commission may kindly be directed to provide the CCTV Footage of the Polling Stations as mentioned in representation as well as RTI in the interest of justice.
(II) The respondent authorities may kindly be directed to take most appropriate action over the representation (Annexure P/1) in the interest of 6 W.P. No.29339/2023 justice.
(III) The respondent authorities may kindly be directed to take most suitable action based on the CCTV Footage of the aforesaid 18 Polling Station in the interest of justice.
(IV) The respondent authorities may kindly be directed to take most appropriate action over the representations as submitted by the petitioner as expeditiously as possible for ensuring the fair election in the interest of justice.
Any other relief that this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted to the petitioner".
2. At the outset, learned counsel for the respondents No. 1,4 and 7 has raised an objection that the present petition is filed challenging the election process as well as the after-effects of the election which is not maintainable, as the same is barred under Article 329 (b) of the Constitution of India. It is further submitted that so far as the relief No.1 which is with regard to providing the petitioner the CCTV Footage of the Polling Stations is concerned, as per Rule 93 of Conduct of Election Rules, 1961 provides that any material relating to an election could only be placed before the Court when the same is directed by the Competent Court hearing the election petition which itself goes to show that the grievance which have been raised by the petitioner can be agitated only after the elections are over and addressed when challenged by way of an election petition. Thus, the relief which is claimed is premature. It is further contended that so far as relief Nos.7.(II) and 7 (III) are concerned, they are general in nature and the same would be agitated in the election petition; therefore, on merits also the petitioner has no case.
7 W.P. No.29339/20233. Encountered with the aforesaid arguments raised by the learned counsel for the respondents, learned counsel for the petitioner prays for withdrawal of this petition with liberty to raise all the grievances in election petition, if occasion so arises.
4. Accordingly, this petition is dismissed as withdrawn with aforesaid liberty.
(MILIND RAMESH PHADKE)
JUDGE
Ahmad
MOHD Digitally signed by MOHD AHMAD
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=76cd720db57b34b7642c70ed7eaf9b624f80d89cea07317b AHMAD b14d87e882cf0d0f, postalCode=474001, st=Madhya Pradesh, serialNumber=F3F56CD397D8CD6A76865A062F285CC6010CB90C4 A13B78A9AEC4BA8C65B56BA, cn=MOHD AHMAD Date: 2023.12.01 11:36:27 +05'30'