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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
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, as a precautionary measure, the appellants have filed an election petition as the limitation to filing the election petition was going to expire. In support of his contention, learned counsel for the appellant has placed reliance on judgments passed by the Division Bench of this Court in the case of Chandra Bhan Singh V/s State of M.P. and others , 2001 (2) M.P.L.J. 419, Ghanshyam Tiwari and another V/s State
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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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