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HIGH COURT OF MADHYA PRADESH
K.K. Lahoti, J.
Chandrabhan Patel
Vs.
State of M.P. and others
Writ Petitions No. 4736 and 4746 of 2004
Decided on : 13.5.2006
(2) Words and Phrases -- ‘reside‘-means dwell permanently or for considerable period. Oxford Dictionary relied on. [Para 7
(3) Words and Phrases -- ‘inside‘-means live, dwell, abide, sojourn, stay, remain and lodge. Black‘s Law Dictionary 5th edn. Relied on. [Para 7
(4) Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (M.P.) -- S. 5 -petitioner‘s name appearing in voter list of village -- he and his wife contested election and won -- his name also appearing in voter list of town wherefrom he wants to withdraw it -- does not mean that he is not resident of village. [Para 8
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1. Both these petitions are being decided by this order as the facts are common, matters relate to deletion of names of petitioners from the voter list and both petitioners are husband and wife.
2. In WP No. 4736/2004, petitioner Chandrabhan Patel has sought following reliefs in the petition:
"1. The Hon'ble Court be pleased to quash the order dated 16.10.2004 passed by Tahsildar (Registration Officer) Annexure P-11 and order dated 11.11.2004 passed by Sub-Divisional Officer as Annexure P-13.
2. The Hon'ble Court be further pleased to command the respondent to delete the name of the petitioner from Tahsil Hatta and name shall be included in Gram Bela which comes under Gram Panchayat Bela-Purwa.
3. The Hon'ble Court be further pleased to command the respondent No.2 to make proper enquiry in this regard.
4. Any other relief as may be considered fit and proper by the Hon'ble Court keeping in view the facts and circumstances of the case."
In WP No. 4746/2004, petitioner Dropti Patel has sought following reliefs in the petition:
"1. The Hon'ble Court be pleased to quash the order dated 16.10.2004 passed by Tahsildar (Registration Officer) Annexure P-8 and order dated 11.11.2004 passed by Sub-Divisional Officer as Annexure P-9.
2. The Hon'ble Court be further pleased to command the respondent to delete the name of the petitioner from Tahsil Hatta and name shall be included in Gram Bela which comes under Gram Panchayat Bela-Purwa.
3. The Hon'ble Court be further pleased to command the respondent No. 2 to make proper enquiry in this regard.
4. Any other relief as may be considered fit and proper by the Hon'ble Court keeping in view the facts and circumstances of the case." For the convenience, the facts are taken from WP No. 4736/2004.
3. Petitioner Chandrabhan Patel is husband of Smt. Dropti Patel. Petitioner Chandrabhan Patel was elected as Sarpanch from Gram Panchayat Bela-Purwa, Tahsil Batiyagarh, District Damoh in the election held in the year 2000. Before his election, his wife Smt. Dropti Patel (petitioner of WP No. 4746/2004) was elected Sarpanch from the same village between 1994 to 2000. Their names were appearing in the voter list of Gram Bela. Petitioners' names were also appearing in the voter list of Hatta Municipal area. Petitioners knowing this fact applied for deleting their names from the voter list of Hatta Municipal area. Respondent Ram Kumar also sought deletion of the names of petitioners from the voter list of village Bela. The Tahsildar directed deletion of names of petitioners from voter list of Gram Bela. Petitioners filed appeals before the Sub-Divisional Officer, but the appeals were dismissed by orders dated 11.11.2004. These orders are challenged in these petitions.
4. Contentions of the petitioner Chandrabhan Patel are as under:
(a) That, he was not aware that his name was appearing in the voter list of Municipal area Hatta. On knowing it he immediately moved to authorities for deletion of his name from the voter list of Hatta.
(b) That, he never casted vote in Municipal area Hatta and in fact he is not an ordinarily resident of Hatta. Though he is having house property at Hatta, but it is his temporary residence while he goes in Hatta. His children are studying at Bela.
(c) That, ordinary residence of petitioner is village Bela where he is residing and is having landed property. In last two elections, firstly his wife contested the election of Sarpanch and was elected. Thereafter, petitioner contested the election and was elected. Continuously he is residing in the village and is discharging his duties as Sarpanch. No complaint was made during his tenure that he is not residing in village Bela or he is residing at Hatta.
(d) That, the deletion of his name from Gram Panchayat Bela-Purwa is because of the false complaint of respondent No. 5 who was interested in the deletion of the name of petitioner from the voter list and in fact is rival of the petitioner. Petitioner's children are studying in village Bela. In
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