IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL th ON THE 11 OF JULY, 2023 CIVIL REVISION No. 430 of 2023 BETWEEN:-

SHIKHA SINGH W/O SHRI SAURABH SINGH, AGED ABOUT 23 YEARS, OCCUPATION: SARPANCH GRAM PANCHAYAT DHEKI JANAPAD PANCHAYAT WAIDHAN DISTRICT SINGRAULI R/OVILLAGE DHEKI TEHSIL SINGRAULI DISTRICT SINGRAULI (MADHYA PRADESH)

.....APPLICANT (BY SHRI A.S BAHGEL - ADVOCATE ALONG WITH SHRI VARUN DUBEY -

ADVOCATE)

AND

1. SUNDRIKA GIRIJA PRASAD W/O SHRI GIRIJA PRASAD PANDEY, AGED ABOUT 35 YEARS, OCCUPATION: NOTMENTION VILLAGE SAHOKHAR TEHSIL AND DINSTRICT SINGRAULI (MADHYA PRADESH)

2. VANDANA W/O SHRI RAVENDRA PANDEY, AGED ABOUT 30 YEARS, VILLAGE DHEKI TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

3. MANKUNWAR PANDEY W/O SHRI RAMPAL PANDEY, AGED ABOUT 67 YEARS, VILLAGE SAHOKHAR TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

4. PANKUVARI W/O LATE SHRI RAMSUBHAG PANDEY, AGED ABOUT 74 YEARS, VILLAGE SAHOKHAR TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

5. RAMRATI W/O SHRI KRISHANAVATAR DUBEY, AGED ABOUT 56 YEARS, VILLAGE DHEKI TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

6. RESHMA W/O SHRI MOHANLAL NAI, AGED ABOUT 53 YEARS, VILLAGE DHEKI TEHSIL AND Signature Not Verified Signed by: SATTYENDAR DISTRICT SINGRAULI (MADHYA PRADESH)

7. REETA ASHISH PANDEY W/O SHRI ASHISH PANDEY, AGED ABOUT 27 YEARS, VILLAGE DHEKI TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

8. SANGEETA PANDEY W/O SHRI SURESH DEV PANDEY, AGED ABOUT 32 YEARS, VILLAGE SAHOKHAR TEHSIL AND DISTRICT SINGRAULI (MADHYA PRADESH)

9. SHRI MANO KAMNA PRASAD (PRESIDING OFFICER POLLING BOOTH NO. 102) TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL KHAIDAR DISTRICT SINGRAULI (MADHYA PRADESH)

10. SHRI VISHNU BAHADUR SINGH (PRESIDING OFFICER POLLING BOOTH NO. 103) HEAD MASTER M/S KACHHARA DISTRICT SINGRAULI (MADHYA PRADESH)

11. SHRI NAGESHWAR PRASAD TIWARI (PRESIDING OFFICER POLLING BOOTH NO. 104) DEPUTY FOREST RANGER SINGRAULI DISTRICT SINGRAULI (MADHYA PRADESH)

12. SHRI OM PRAKASH SINGH UIKEY (PRESIDING OFFICER POLLING BOOTH NO. 105) RURAL AGRICULTURE EXTENSION OFFICER DISTRICT SINGRAULI (MADHYA PRADESH)

13. SHRI RAMESH KOL RETURNING OFFICER (PANCHAYAT) JANPAD PANCHAYAT WAIDHAN TEHSILDAR SINGRAULI NAGAR DISTRICT SINGRAULI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI G.S PARASHAR, PANEL LAWYER FOR RESPONDENT 13/STATE) This revision coming on for admission this day, the court passed the following:

ORDER

This civil revision has been preferred by the applicant challenging the order dated 03.05.2023 passed by SDO (Revenue), Singrauli, District Singrauli Signature Not Verified Signed by: SATTYENDAR in Case No.0003/A-89(21)/2022-23, whereby application under Order 7 Rule 11 (d) CPC filed by the applicant - Shikha Singh has been dismissed.

2. Learned counsel for the applicant by placing reliance on the decision of Supreme Court in the case of N.M Trivedi v. V.B. Raju (1974) 3 SCC 415 so also decision of a Coordinate Bench of this Court in the Case of Kanchan @ Savitri Vs. Kalavati 2003 (3) MPLJ 117 submits that the election petition challenging the voter list is not maintainable, and is liable to be rejected under Order 7 Rule 11 (d) CPC because the question in respect of residence of a voter in particular ward cannot be gone into the election petition. With the aforesaid submissions, he prays for allowing the civil revision.

3. Heard learned counsel for the applicant and perused the impugned order as well as judgments in the case of N.M Trivedi (supra) and Kanchan @

Savitri (supra).

4. From perusal of the aforesaid two judgments in the case of N.M Trivedi (supra) and Kanchan @ Savitri (supra) it is clear that both the judgments are not on the point of scope of Order 7 Rule 11 (d) CPC. In the case of Kanchan @ Savitri Marco the election petition was decided at the time of final decision after recording evidence of the parties and it has been decided that the judge hearing election petition cannot go into question whether a person "is ordinarily resident in the ward or