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1998 (2) JLJ 328
Dipak Misra, J.
Anjana Mulkalwar v. State of M.P. and others
W.P. No. 1624 of 1996; against the orders passed by District Electoral Officer (Panchayat) and Chief Executive Officer, Zila Panchayat, Bilaspur;
Decided on 10.8.1998.
(2) Constitution of India --Arts. 243-O and 243-K -- election of panchayat -- can be called in question only as per law enacted by State Legislature and not otherwise. [Para 14
(3) Constitution of India -- Art. 226 -- panchayat election -- nomination accepted in erroneous manner -- election on such nomination cannot be questioned under. 1995 MPLJ 67 relied on. [Para 14
(4) Panchayat Election Rules, 1994 (M.P.) -- Rr. 10, 13 and 27 -- voters‘ list finalised after disposal of claims and objections -- no corrections, inclusion or exclusion is permissible.
From the aforesaid scheme of the Rules it is graphically clear that after claims and objections are disposed of the voters‘ list attains finality and no correction, inclusion or exclusion is permissible. It is enjoined under the proviso to subd`rule (2) of rule 10 that no amendment is to be carried out in the voters list after the publication of notice under rule 27. 1995 MPLJ 67 relied on. [Para 16
(5) Panchayat Election Rules, 1994 (M.P.) -- Rr. 12 (2) and 10 -- revision of voters‘ list under R. 12 (2) -- can be made when Bye-election or General election is due or when there is a change in limits of village etc. [Para 18
(6) Panchayat Election Rules, 1994 (M.P.) -- Rr. 12 (2), 8, 9 and 10 -voters‘ list sought to be revised under R. 12 (2) -- provisions of Rules 8, 9 and 10 come applicable. [Para 18
(7) Panchayat Election Rules, 1994 (M.P.) R. 12 (2) -- revision of voters list under -- name of a voter cannot be modified or deleted. [Para 18
(8) Panchayat Raj Adhiniyam, 1993 (M.P.) -- Ss. 34 (2) proviso O. 12. 2 (VII), 3 and 10 -- import of S. 34 (2) -- is if on delimitation office bearer does not remain a voter -- he has to cease to be an office bearer. [Para 20
(9) Panchayat Raj Adhiniyam, 1993 (M.P.) -- Ss. 29 and 34 (2) -- office bearer ceasing to be a voter under S. 34 (2) -- cannot also be co-opted under S. 29(2) [Para 20
(10) Jurisdiction -- authority lacking inherent jurisdiction -- ground of manipulation does not confer jurisdiction upon him. [Para 21
¼1½ iapk;r jkt vf/kfu;e] 1993 ¼e-iz-½ && /kkjk 122 && fuokZpu vthZ l{ke ikbZ xbZ && ,slh vthZ esa fudkyk x;k fu"d"kZ && vafre gksus dh izkfLFkfr ugha nh tk ldrhA ¿ iSjk 13À
¼2½ Hkkjr dk lafo/kku && vuq- 243.k rFkk 243V && iapk;r dk fuokZpu && dsoy jkT; fo/kku&eaMy }kjk vf/kfu;fer fof/k ds vuqlkj iz‘uxr fd;k tk ldrk gS] vU;Fkk ughaA ¿ iSjk 14À
¼3½ Hkkjr dk lafo/kku && vuq- 226 && iapk;r fuokZpu && ukefunsZ‘ku =qfViw.kZ <ax ls Loh—r && ,sls ukefunZs‘ku ds vk/kkj ij fuokZpu bl vuqPNsn ds v/khu iz‘uxr ugha fd;k tk ldrkA 1995 ,e ih ,y ts 67 voyafcrA ¿ iSjk 14À
¼4½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 10] 13 rFkk 27 && nkoksa vkSj vkifRrÙk;ksa ds fuiVkjks ds i‘pkr~ ernkrk lwph vafre dh xbZ && dksbZ ‘kqf)] varosZ‘ku vFkok viotZu vuqKs; ughaA
fu;ekssa dh iwoksZDr ;kstuk ls ;g lqLi"V :i ls lqfuf‘pr gS fd nkoksa vkSj vkifRrÙk;ksa ds fuiVkjs ds i‘pkr~ ernkrk lwph dks vafrerk izkIr gks tkrh gS rFkk dksbZ ‘kqf)] varosZ‘ku vFkok viotZu vuqKs; ugha gSA fu;e 10 ds mifu;e ¼2½ ds iajrqd esa ;g vkfn"V gS fd fu;e 27 ds v/khu lwpuk izdkf‘kr gks tkus ds i‘pkr~ ernkrk lwph esa dksbZ la‘kks/ku ugha fd;k tkuk gksxkA 1995 ,e ih ,y ts 67 voayfcrA ¿ iSjk 13À
¼5½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 12¼2½ rFkk 10 && fu- 12¼2½ ds v/khu ernkrk lwph dk iqujh{k.k && fd;k tk ldrk gS tc mifuokZpu vFkok lkekU; fuokZpu visf{kr gks ;k tc xzke dh lhekvksa esa ifjorZu vkfn gksA ¿ iSjk 18À
¼6½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 12¼2½ 8] 9 rFkk 10 && ernkrk lwph fu- 12¼2½ ds v/khu iqujhf{kr fd;k tkuk bZfIlr && fu- 8] 9 rFkk 10 ds mica/k ykxw gks tkrs gSA ¿ iSjk 18À
¼7½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 12¼2½ ernkrk lwph dk iqujh{k.k && fdlh ernkrk dk uke mikarfjr vFkok vioftZr ugha fd;k tk ldrkA ¿ iSjk 18À
¼8½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 34¼2½ ijarqd 12] 2 ¼lkr½] 3 rFkk /kkjk && 34¼2½ dk vfHkizk; & ;fn dksbZ in/kkjh lhekvksa esa ifjorZu gksus ij ernkrk ugha jg tkrk && og in/kkjh ugha jgsxkA ¿ iSjk 18À
¼9½ iapk;r fuokZpu fu;e] 1994 ¼e-iz-½ && fu- 29 rFkk 34¼2½ && in/kkjh dk /kkjk 34 ¼2½ ds v/khu ernkrk ugha jg tkuk && /kkjk 29 ¼2½ ds v/khu lg;ksftr Hkh ugha fd;k tk ldrkA ¿ iSjk 20À
¼10½ vf/kdkfjrk && izkf/kdkjh dks varfuZfgr vf/kdkfjrk ugah && Nylk/ku ds vk/kkj ij mls vf/kdkfjrk izkIr ugha gks tkrhA ¿ iSjk 21À
1. Gone are the days of yore when a woman was required to playa secondary role in society and surrender to the injunctions and mandates of its high priests and tolerate the community commands with Himalayan calmness and pacific . poise. With the passage of time, scenario has changed and the woman, in addition to her duties in the domestic front, has also come out to undertake the responsibilities in the public field as permitted by the provisions of law and sustained by its majesty. History has many an example and the repetitions are bound to occur, for history repeats itself. Here is a petitioner who has refused to accept the infringement of her right to continue as the President, Zila Panchayat, Bilaspur and has called in question the warrantable-ness of the order (Ann. P-8) passed by the District Electoral Officer (Panchayat), respondent No.3 herein, and the sustainability of the order (Annexure P-10) passed by the Chief Executive Officer, Zila Panchayat, Bilaspur by which she has been deprived of the privilege of her continuance in the said elected post by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
2. The facts as have been uncurtained in the writ petition are that the petitioner is a resident of village Khamaria and her name finds place in the electoral roll of Gram Panchayat at Serial No. 770, Ward No. 14 of village Khamaria, Tahsil Takhatpur, District Bilaspur. The electoral roll was published in the year 1994. In consonance with the 73rd amendment of the Constitution the State of Madhya Pradesh in consultation with the State Election Commission announced elections to the three-tier Panchayat Raj system in the State of Madhya Pradesh. The M.P. Panchayat Raj Adhiniyam, 1993 (Act 1 of 1994) (hereinafter referred to as 'the Act') was published in the gazette extraordinary on 25.1.94 and under the said Act, M.P. Panchayat Election Rules, 1994 (hereinafter referred to as 'the Election Rules') were framed. As enjoined in the said Rules under Chapter III, a voters' list was published on 2.4.94 and after following due procedure as envisaged under the said Rules the voters' list was published and the petitioner's name was reflected at Serial No. 770 in the said list. It is pleaded that the petitioner had not applied for inclusion of her name in the electoral roll but the same was included on the basis of survey conducted by the Electoral Registration Officer. It is set-forth that as the petitioner is a resident of house No. 253 of village Khamaria, her inclusion in the electoral roll was quite natural. The said house belongs to one Sunder Das Manikpuri and has been let out on rent to the petitioner. On the basis of the aforesaid entry the petitioner was entitled to contest election for Ward No. 34 of Takhatpur and accordingly she contested and ultimately was elected as member of Zila Panchayat. It is stated that the post of President, Zila Panchayat. Bilaspur under the scheme of the Act has been reserved for a general woman candidate. The petitioner who is a member of backward class was entitled to contest in the election of President of Zila Panchayat. She contested for the post of President and was elected on 26.6.94. It has been pleaded that before filing nomination for election as member of Zila Panchayat, Bilaspur, she had applied for deletion of her name from the Electoral Roll of Bilaspur, Municipal Corporation on 11.2.94 and the said application was filed much before the election programme for the Panchayat was notified. After the petitioner was elected, an election dispute under section 122 of the Act was filed by one Bhanu Yadav calling in question the propriety of the election of the petitioner. One of the grounds urged in the petition was that petitioner's name was erroneously included in the electoral roll of Village Panchayat Khamaria as she is not ordinarily a resident of that village. The Revenue Commissioner, Bilaspur heard the Election Petition and
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