JUDGMENT

1. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

"(A). That, the complete record of election of President, Janpad Panchayat, Ujjain including the official videography may kindly be called from the office of respondent No.3 before this Hon'ble Court.

(B). That, the respondents be directed to conduct the election process afresh by a new presiding/returning officer.

(C). That, the respondent No.1 be directed to conduct an inquiry against respondent No.2, 3 and 4.

(D). Any other relief which this Hon'ble Court deems fit may kindly be given to petitioners along with cost of this petition."

2. In brief, the facts of the case are that the petitioners No.1 to 13 are the elected members of the Janpad Panchayat, Ujjain whereas, the petitioner no.11 to 13 are the representatives of the members of the said Gram Panchayat whowere to participate in the election of President and Vice President of Janpad Panchayat, Ujjain which took place on 27/7/2022. The grievance of the petitioners is that on the date when the elections were to take place i.e. on 27/7/2022, the petitioners No.1 to 10 who are illiterate and other three members of the Janpad Panchayat who are being represented by petitioners No.11, 12 and 13 in this petition, were not allowed to cast their votes despite there being a specific provision for casting of votes as provided under Rule 16 (5) of Madhya Pradesh Panchayat (Up-Sarpanch, President and VicePresident) Nirvachan Niyam, 1995 which provides as under:-

"16. Manner of recording votes, counting of votes and declaration of result. -

(1) The Presiding Officer shall provide ballot box for the election of these seats. Such ballot box shall be of such design that the ballot paper can be inserted therein but cannot be withdrawn therefrom without the box being unlocked and the seal being broken.

(2) The Presiding Officer shall immediately before the voting starts show the empty box to such members as may be present in the meeting so that they may be satisfied that it is empty and shall then secure and seal the box in such manner that the slit in the box for insertion of ballot paper therein remains open and shall also allow the candidates to affix their own seals in the space in the box meant therefor if they so desire.

(3) The Presiding Officer shall cause the ballot paper to be prepared in the Form III.

(4) Every Pancha or Member, as case may be wishing to vote shall be provided with a ballot paper. The Presiding Officer shall put his signature on the ballot paper before supply, so as to indicate its authenticity. The voter shall then proceed to the place set apart for voting [and put the mark by a seal of rounded arrow given by the Presiding Officer] on the ballot paper against the name of the candidate for whom he wishes to vote. He shall then fold the ballot paper so as to maintain secrecy and insert the same in the ballot box placed in the view of the Presiding Officer.

(5) (i) If the Presiding Officer is satisfied that owing to illiteracy, blindness or other physical infirmity, a voter is unable to record his vote, the Presiding Officer shall permit him to take a [companion who is the nearest family member of the Voter], who is not less than eighteen years in age to record the vote of the member on his behalf and in accordance with his wishes : Provided that before any person is permitted to act as companion of any member under this rule the person shall be required to declare in Form IV-A that he will keep secret the vote recorded by him on behalf of voter and that he has not already acted as companion of any member :

[Provided further that the voter shall not avail the advantage of illiteracy if he has the certificate of literacy and the body disability shall be such that he could not vote, if the voter is handicapped then it is necessary to produce the certificate of handicap.]

(ii) Presiding Officer shall keep a record in Form IV-B of