Writ appeals against interim orders from a learned Single Judge can be dismissed if found not maintainable under prevailing jurisdictional laws.

JUDGMENT

Per: Justice Anand Pathak, 1. The present appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant/State being crestfallen by the order dated 08-10-2025 passed by learned Single Judge in Civil Revision No.175 of 2024 whereby the revision petition preferred by respondent No.1 has been admitted for final hearing and respondent No.2 – Smt. Renu Garg (respondent No.1 in Civil Revision) was directed to stop functioning as President of Municipal Council, Sheopur. Therefore, appellant/State is before this Court.

2. Precisely stated facts of the case are that respondent No.1 (petitioner of civil revision) filed an election petition before the Principal District Judge, Sheopur challenging the election of President of Municipal Council, Sheopur (M.P.). Notices were issued to the respondents. Respondent No.2 – Smt. Renu Garg (respondent No.1 in civil revision) as well as Collector cum Returning Officer, Sheopur (respondent No.3 of civil revision) filed applications under Order VII Rule 11 of CPC for dismissal of election petition.

3. In the application of Collector cum Returning Officer, Sheopur, it has been mentioned that election petition has been filed prior to publication of Gazette notification (and verification of election petition has not been done), therefore, due to non compliance of Section 20 of The Madhya Pradesh Municipalities Act , 1961 (hereinafter referred to as “the Act of 1961”), election petition deserves dismissal.

4. After reply being filed and after hearing rival parties, trial Court allowed the applications so filed by respondents No.2&3 and dismissed the election petition holding it to be premature on the ground of non-disclosure of date of notification of election in the Gazette notification. Against the order dated 01-02-2024, Civil Revision is preferred by the election petitioner purportedly under Section 115 of CPC. Revision Petition was pending consideration since then.

5. It appears that in Civil Revision on 08-10-2025 counsel for appellant/State and respondent No.2 – Smt. Renu Garg submit that in view of indirect election of President, which was incorporated by amendment introduced in the month of January, 2020, the notification of election of President of Municipal Council in official Gazette was not required and order passed by the trial Court holding the election petition to be premature on the ground of non-disclosure of date of notification of election in the official Gazette is erroneous, therefore, learned Single Judge after considering the submissions of appellant/State and respondent No.2, restrained Smt. Renu Garg, President, Municipal Council, Sheopur to function as President of Municipal Council, Sheopur. Hence, this writ appeal is preferred by the appellant/State challenging the said order dated 08-10-2025 whereby respondent No.2 – Smt. Renu Garg is restrained to function as President of Municipal Council, Sheopur.

6. It is the submission of learned counsel for appellant that the present writ appeal is maintainable because learned Single Judge in Civil Revision exercised the powers vested under Article 226 of the Constitution of India , therefore, against the said order of stay, writ appeal is maintainable.

7. Learned counsel for the appellant refers Article 243 – ZG of the Constitution of India and rules 11 and 19 of the M.P. Municipalities (Election Petition) Rules, 1962 (hereinafter referred to as the Rules of 1962) to sub