The appropriate remedy to challenge the election of Sarpanch is an Election Petition.

ORDER :

1. The petitioner has filed the present petition challenging the election of respondent No.13 to the post of Surpanch of Gram Panchayat Bhilkheda Vikas Khand, Narsinghgarh, District Rajgarh.

2. The petitioner and respondents No. 7, 8, 9, 10, 11, 12 and 13 contested the election of Sarpanch of the Gram Panchayat Bhilkheda held on 8.7.2022. The result was declared on 14.7.2022 and notified by the Returning Officer by which Smt. Anita w/o Shri Satyanarayan was declared as elected by securing 591 votes and the present petitioner secured 359 votes.

3. The petitioner instead of challenging the election of Smt. Anita w/o Shri Satyanarayan Surpanch of the Gram Panchayat by way of the election petition, has filed the present petition on the ground that respondent No.6 – Anita Bhawarlal W/o. Tejmal was the first wife of respondent No.14 – Satyanarayan. They were separated 15 years back and she was shifted to Jhalawad, Rajasthan and performed a second marriage with Shri Tejmal. However, her name continued in the voter list of Gram Panchayat. According to the petitioner, the petitioner Satyanarayan performed second marriage with Vinita i.e. respondent No.13 who contested the election of Gram Panchayat by impersonating Smt. Anita w/o Shri Satyanarayan/respondent No.6. It is further submitted that the post of Surpanch of Gram Panchayat Bhilkheda was reserved for Scheduled Tribe (ST) women. Vinita is 'Ruhela' by caste which comes under Other Backward Classes (OBC) in the State of Madhya Pradesh.

4. It is also alleged in this Writ Petition that the name of the first wife Smt. Anita w/o Shri Tejmal is continuing on the voter list of Village Bhared at Serial No. 1063 till today as “Anita W/o. Satyanaran”, hence respondent No.13 – Smt. Vinita by using the false caste certificate and her name in the voter list contested the election of Sarpanch in the name of Smt. Anita w/o Shri Satyanarayan and won. She forged the voter-ID of Smt. Anita w/o Shri Satyanarayan by affixing her photo. It is further submitted that Anita is an illiterate lady who used to put her thumb impression, but Vinita being a literate lady, puts her signature. It is also submitted that respondent No.13 never cast her vote in the election in question as her name is not on the voter-list. Therefore, as Smt. Vinita w/o Shri Satyanarayan/respondent No.13 has won the election by way of fraud, hence the same is liable to be declared as null and void. It is also prayed that respondents No.1 to 3 be directed to prosecute respondents No.13 and 14 for such forgery and cheating. It is further submitted that Anita is an illiterate lady who used to put her thumb impression, but Vinita being a literate lady, puts her signature. It is also submitted that respondent No.13 never cast her vote in the election in question as her name is not on the voter-list.

5. After notice, respondents No.2 to 5/M.P. State election commission filed their reply raising preliminary objection about the maintainability of this petition for want of remedy of the Election Petition under the provisions of section 122 of the M.P. Panchayat Raj Adhiniyam,1993, the M.P. Panchayat Nirvachan Niyam,1995 and the Panchayat (Election Petitions, Corrupt Practice and Disqualification for Membership) Rules, 1995. Along with the reply, respondents No.2 to 5 have filed notification of declaration of election program, and nomination forms submitted by all the candidates.

6. Initially, respondents No.13 and 14 tried to avoid service of notice in this petition, therefore, vide order dated 10.10.2023 this court directed the Collector, Rajgarh to conduct an inquiry regarding the allegation levelled by the petitioner and submit the report. In compliance of the said direction, the Collector directed the Sub Divisional Officer (SDO) to conduct an inquiry and submit the report. The SDO, Narsinghgarh submitted the report to the effect that, Anita W/o. Satyanaran got elected as Surpanch of the Gram Panchayat Bhilkheda. The actual caste of An