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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, GAJENDRA SINGH
Bhanwarbai – Appellant
Versus
Madhya pradesh state election commission – Respondent
| Table of Content |
|---|
| 1. appellants' grievance regarding election procedure. (Para 1) |
| 2. arguments regarding maintainability of writ petition. (Para 10 , 16) |
| 3. legal provisions regarding election conduct and disqualification. (Para 11 , 12 , 14 , 19 , 21 , 23) |
| 4. legal provisions governing elections. (Para 13) |
| 5. precedents on free and fair elections. (Para 17 , 18 , 20) |
| 6. need for fair election representation. (Para 22) |
ORDER :
Vivek Rusia, J.
Appellants have filed this writ appeal being aggrieved by the order dated 02.11.2022, whereby the Writ Court has dismissed the Writ Petition No.17927 of 2022 with a liberty to them to take recourse of appropriate remedy of election petition, if they are so advised, to ventilate their grievance.
02. The present appeal is filed solely on the ground that when the writ petition was filed, no alternate remedy was available to the writ petitioners as the election of President of Janpad Panchayat Ujjain was not notified. The election petition is liable to be filed only after notification of the election, therefore, the Writ Court ought to have decided the writ petition on the facts and circumstances prevailing at the time of filing of the writ petition. However
The court emphasized that a writ petition can be entertained to protect the right to a fair election, even in cases where an election petition may exist as an alternate remedy.
The court held the Election Commission lacks authority to annul post-election results, emphasizing disputes must be resolved in civil court per Kerala Panchayat Raj Act, 1994.
A candidate can challenge the election of another under Section 44-A of the Odisha Panchayat Samiti Act, and disqualification occurs for having a third child born after the statutory cutoff date.
Point of Law : Section 11B of the Act provides for election of Pradhan. Section 11D of the Act makes certain further prohibitions in respect of the persons who are seeking election as a Pradhan.
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
Disqualification for Sarpanch under the Odisha Grama Panchayats Act necessitates both the ability to read and write Odia and compliance with child birth cut-off dates; subjective assessments are esse....
Point of Law : Election petition – State Election Commission as also the contesting respondents in their respective pleadings is that since the contesting respondents have assumed offices pursuant to....
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
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