Madhya Pradesh High Court
Ranveer Singh Tomar vs The State Of Madhya Pradesh on 8 April, 2019
1
HIGH COURT OF MADHYA PRADESH
WP No.6223/2019
(Ranveer Singh Tomar v. State of MP & Others)
Gwalior, Dated : 08.04.2019
Shri Arvind Dwivedi, learned counsel for the petitioner.
Shri Ankur Mody, learned Additional Advocate General for
respondents no.1 to 3-State.
Shri S.S. Rawat, learned counsel for respondent no.4 on advance notice.
1. This petition under Article 226 of the Constitution of India has been filed against order dated 07.03.2019 passed by Chief Executive Officer, Zila Panchayat, Bhind.
2. It is submitted by the learned counsel for the petitioner that on 08.03.2019, he was relieved ex parte and the copy of the relieving order was not forwarded to the petitioner. He was informed on 11.03.2019, and by that time the model code of conduct was already made applicable. It is submitted that, therefore, the ex parte relieving of the petitioner on 08.03.2019 is bad. It is further submitted that the petitioner has filed a representation before the Collector (District Election Officer, Bhind) on 16.03.2019, but no heed has been paid.
3. Per contra, it is submitted by the learned counsel for the State that the petitioner was transferred by order dated 07.03.2019 and he was relieved on 08.03.2019, whereas the model code of conduct was made applicable on 10.03.2019. Further, by a Circular, it has been directed that the person, who has been assigned the election duty, shall not be relieved after the model code of conduct is made applicable. In 2 HIGH COURT OF MADHYA PRADESH WP No.6223/2019 (Ranveer Singh Tomar v. State of MP & Others) Gwalior, Dated : 08.04.2019 the present case, it is not the case of the petitioner that he was ever assigned any election duty. Even otherwise since he has been already relieved prior to 10.03.2019, therefore, his relieving was in accordance with law.
4. Heard the learned counsel for the parties.
5. The petition has been filed on the singular contention that although the transfer order was passed on 07.03.2019 and ex parte relieving order was issued on 08.03.2019, but since 09.03.2019 and 10.03.2019 were the holidays, therefore, the order of relieving was uploaded on WhatsApp Group on 11.03.2019 and thus it is clear that the petitioner has been relieved on 11.03.2019, i.e., after the model code of conduct has been made applicable.
6. The submissions made by the learned counsel for the petitioner cannot be accepted for the simple reason that according to the petitioner himself on 09.03.2019 and 10.03.2019 were holidays and, therefore, if the relieving order of the petitioner was uploaded on WhatsApp Group on 11.03.2019 then no fault can be found. Merely because a copy of the relieving order was not supplied to the petitioner, it would not make the said order an antedated document. Once the petitioner was already relieved on 08.03.2019 and there is nothing on record to suggest that the petitioner has been assigned any election duty, this Court is of the considered view that no case is made 3 HIGH COURT OF MADHYA PRADESH WP No.6223/2019 (Ranveer Singh Tomar v. State of MP & Others) Gwalior, Dated : 08.04.2019 out for interference in this petition.
(G.S. Ahluwalia) Judge Meh/-
MEHFOOZ AHMED 2019.04.10 17:21:50 +05'30'