Madhya Pradesh High Court
Patel Brothers Through Its Proprietor ... vs The State Of Madhya Pradesh on 1 April, 2019
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.P. No.6732/2019 (Patel Brother Vs. State of M.P. and others) (-1-)
W.P. No.6732/2019
(Patel Brother Vs. State of M.P. and others)
Indore, dated: 01.04.2019
Parties through their counsel.
The petitioner before this Court has filed this present
petition for issuance of an appropriate writ, order or direction
directing the Election Commission of India to permit the
petitioner to carryout videography in respect of elections
relating to parliament.
The petitioner's contention is that he was awarded
work of videography in respect of legislative assembly
elections. Annexure P-1 dated 31.10.2018 is on record. An
agreement executed between the parties is annexure P-3,
which was only in respect of legislative assembly elections.
The petitioner after the election was over submitted an
application for withdrawal of earnest money and security
deposit, however, in the meanwhile, he was permitted to
work for Loksabha election also. Copy of order dated
10.03.2019 is on record.
The respondents have thereafter issued a fresh NIT in
respect of videography relating to Loksabha elections and the fresh NIT dated 20.03.2019 is on record as annexure P-9. The petitioner's contention is that once an order has been issued on 10.03.2019, the respondents cannot issue the NIT in respect of videography relating to Loksabha elections.
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE W.P. No.6732/2019 (Patel Brother Vs. State of M.P. and others) (-2-) On the other hand, learned government advocate has stated before this Court that the petitioner was entitled to continue only for legislative assembly elections in light of the agreement executed between the parties, which is on record as annexure P-3.
There was no agreement between the Election Commission of India, between the State Government and the petitioner to carryout videgraphy in respect of parliamentary elections and therefore, in order to adopt the fair transparent procedure, they have issued fresh NIT on 20.03.2019 and the petitioner shall also be free to participate in the same.
This Court does not find any reason to interfere with the process adopted by the Election Commission of India. The admission is declined.
(S.C. Sharma)
N.R. Judge
Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2019.04.16 14:01:20
+05'30'