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2017 Supreme(MP) 166
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
Sheel Nagu, S.A. Dharmadhikari, JJ.
Pradhuman Verma - Appellant
Versus
State of M.P. and Ors. - Respondents
Writ Appeal No. 61 of 2017
Decided on : 22-02-2017
Advocate Appeared:
For the Appellant :N.K. Gupta, Senior Advocate with Shri S.D. Singh, Advocate
For the Respondents:Shri Vishal Mishra, Additional Advocate General, M.P.S. Raghuvanshi, Advocate
The court emphasized the wide-ranging power of judicial review under Article 226 to prevent illegality and ensure free and fair elections, even in the presence of a statutory remedy. It also highlighted the need to prevent undemocratically elected individuals from holding office.
Headnote:
Election Dispute - M.P. Panchayat Election - Section 25 of M.P. Panchayat Raj Avm Gram Swaraj Adhiniyam, 1993, Rule 21 of the M.P. Panchayat (Upsarpanch, President and Vice President) Nirvachan Niyam, 1995 - The court upheld the declaration of the election of the President of Janpad Panchayat as illegal, set aside the election of the Vice President, and vacated the interim order postponing the election process for the President.
Fact of the Case:
The case involved an intra court appeal against the final order passed by a Single Judge in a writ petition assailing the election of the President of Janpad Panchayat. The election process was disrupted by violence and rioting, leading to the adjournment of the meeting for fresh elections.
Finding of the Court:
The court found that the election process was vitiated by open violence and rioting, and the Presiding Officer's failure to adjourn the meeting to a later date as required by the rules. The court exercised its power of judicial review under Article 226 to prevent an undemocratically elected person from holding office and upheld the declaration of the election as illegal.
Issues: The principal issue was whether the writ court was justified in invoking the writ jurisdiction under Article 226 to interfere with the election. The peripheral issues included whether the petitioner should have been relegated to avail the statutory remedy of election petition and whether the writ court erred in setting aside the entire election proceedings.
Ratio Decidendi: The court held that the power of judicial review can be exercised to correct, smoothen, remove obstacles, and preserve vital evidence in election matters. It emphasized the need to prevent illegality and nefarious forces from prevailing, even if a statutory remedy is available. The court also found substance in the argument that the election to the office of Vice President, which was not under challenge, should not have been quashed.
Final Decision: The court upheld the declaration of the election of the President as illegal, set aside the election of the Vice President, and vacated the interim order postponing the election process for the President.
Sheel Nagu, J.
1. This intra court appeal filed under Section 2(i) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 03.01.2017 passed by learned Single Judge in WP No.1622/2015 by which the petition in question assailing the declaration of the appellant herein (respondent No. 5 in WP) as President of Janpad Panchayat (for brevity "JP") has been allowed by setting aside the said election as having been held in violation of Rule 21 of the M.P. Panchayat (Upsarpanch, President and Vice President Nirvachan Niyam, 1995) ("Rules 1995" for brevity) and directing for conduction of election afresh to the said office.
2. With the consent of parties, learned counsel for the rival parties are heard on the question of admission and for final disposal.
3. The bare facts giving rise to the present appeal are enumerated below in chronological manner :-
Date Event
02.03.2015 Collector Shivpuri directs holding of meeting of 24 newly elected members of Pohri for holding election to the Office of President and Vice President for which date of 09.03.2015 is notified.
09.03.2015 Meeting for election to the office of President and Vice President is held by Presiding Officer, who framed the following election programme and conducted the election as follows:-
Election Programme Notified (Office of President)
11:00 am to 12:00 noon Filing of nominations.
12:00 noon to 12:15 pm Scrutiny of nominations.
12:15pm to 12:45 pm Withdrawal of nominations.
1:15 pm to 2:00 pm Voting
Immediately after 2:00 pm counting and voting and declaration of result
All the 24 elected members were alleged to be present in this meeting when it began.
Election Programme Notified (Office of Vice President)
2:30 pm to 3:30 pm Filing of nominations
3:30 pm to 3:45 pm Scrutiny of nominations
3:45 pm to 4:15 pm Withdrawal of nominations
4:45 pm to 5:30 pm Voting
Immediately after 5:30 Declaration of result
The appellant for office of President filed two nomination forms one at 11:00 am and other at 11:18 am. Whereas the petitioner/ respondent No.6 herein filed one nomination form at 11:50 am for the office of president.
Immediately after filing of nominations, when some members were coming into the meeting hall violence broke loose between the rival groups outside and inside the hall, which disrupted the election process. The said disruption was complained by the Presiding Officer to be caused primarily by Pradhuman Verma ( appellant herein/ respondent No.5 in W.P.), Arvind Dhakad, Lakhpat Dhakad, Suresh Dhakad, Naresh Dhakad, Raghuveer Dhakad and 30-40 other persons. It was further complained that furniture in the meeting hall as well as vehicles standing outside were damaged. It was further complained that these unscrupulous elements took away one nomination form. On the call of Presiding Officer the SP, SDM Shivpuri and police force rushed to the scene. Due to disruption the Presiding Officer adjourned the election process
At 02:30pm (Vide P-4) The Presiding Officer G.S.Baghel lodged FIR bearing Crime No. 55/2015 alleging offences punishable u/Ss 147, 148, 149, 336, 427 and 186 IPC read with 127 of Representation of Peoples Act against the above said six persons and 30-40 other unnamed persons.
At 02:30 pm The presiding Officer recommenced the election process which had been adjourned due to violence and rioting directed for announcement by loudspeaker in the town of Pohri that for the office of President the voting shall be held from 3:00 pm to 3:30 pm on 09.03.2015.
2:30pm to 03:00 PM Announcement by loudspeaker was made in the city of Pohri as aforesaid.
3:00 pm to 03:30 PM Voting amongst the 11 members present were held but in the absence of the remaining 13 members of the JP.
03:30 PM The votes were counted and the result was declared that appellant/ respondent in WP has secured all 11 votes as against zero votes secured by the petitioner/ respondent No.6 herein. Accordingly, the appellant was declared elected as President.
3:45 pm to
