An election result can only be challenged through an election petition, and a writ petition is not the appropriate remedy for challenging an election.

C.K. Prasad, J.

1. The petitioner in the present Writ Application seeks a direction that she be declared as the duly elected 'Sarpanch' of Gram Panchayat Bamni Bujurga and she has the right to function as such.

2. According to the petitioner, election programme was declared by the Election Officer for election of 'Sarpanch' of Gram Panchayat Bamni Bujurga. According to the petitioner, she and respondent No. 4 Smt. Parshadi Bai, have filed nominations for election to the office of the 'Sarpanch'. According to her, she got the highest number of votes and consequently the Election Officer declared her as 'Sarpanch' on 8-6-1994 according to Rule 77 of Madhya Pradesh Panchayats Election Rules, 1994 (hreinafter referred to as 'Election Rules, 1944') and public announcement was made of her election. She has further stated that the result of her election was also published in the Newspaper on 10-6-1994.

3. According to the petitioner on 15-6-1994, election of 'Up- Sarpanch' of Gram Panchayat was to be held and respondent No. 2 issued notice on 10-6-1994 to Panchas and Sarpanchas i.e. the petitioner for the said purpose. However, on 15-6-1994 when she went to participate as 'Sarpanch' in the meeting of the Gram Panchayat, she was told that she is not 'Sarpanch' of the Gram Panchayat and it is respondent No. 4 who has been elected as 'Sarpanch'. In the aforesaid premises the petitioner prays for declaration by appropriate Writ that she is the duly elected 'Sarpanch' of the Gram Panchayat and she may be allowed to function as such without any impediment.

4. Two returns have been filed, one on behalf of respondents Nos. 1 and 3 i.e. the Election Officer and the Block Development Officer and other by respondent No. 4 who according to the petitioner was illegally elected as 'Sarpanch'. Their stand in the return is that because of the mistake in the return is that because of the mistake in counting of the votes there was announcement of the election of the petitioner but she was never notified as such. According to the respondents the petitioner on verification was found to have got 324 votes whereas respondent No. 4 got 399 votes and even before the election of the petitioner was notified the mistake came to the notice of the authorities concerned and accordingly respondent No. 4 was notified to have been elected to the office of 'Sarpanch' of the Gram Panchayat.

5. Shri C. L. Yadav, representing the petitioner and Shri Amar Singh representing respondent No. 4 have taken a common stand that once the election of their clients have been declared the same can be set aside only by the Election Petition and the authorities after notifying the election become functus officio and they are not permitted by law to change the result. In the backdrop of the aforesaid submission it is necessary to decide, who was notified as Sarpanch.

6. Section 122 of the M. P. Panchayat Raj Adhiniyam. 1993 provides as under:-

Section 122. Election Petition : (1) An election or co-option under this Act shall be called in question only by a petition presented in the prescribed manner.

(i) in case of Gram Panchayat to the Sub-Divisional Officer (Revenue);

(ii) in case of Janpad Panchayat to the Collector; and

(iii) in case of Zilla Panchayat to the Divisional Commissioner and not otherwise.

(2) No such petition shall be admitted unless it is presented within thirty days from the date on which the election or co-option in question was notified.

Reading of the aforesaid provision makes it clear that the election petition is the remedy contemplated after the result is notified. Rule 91 of the Election Rules 1994 reads as follows :

91. Manner of notifying election and co-option : (1) Every election and co-option of Panch, Sarpanch and Up-sarpanch of Gram Panchayat, and Up-sarpanch of a Gram Panchayat, as the case may be, shall be notified by the prescribed authority in Form 33 by affixing a notice on the notice board in its office and in the office of the Gram Panchayat and Janpad