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1 W.P. No.12982 of 2022
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 20th OF JUNE, 2022
WRIT PETITION No. 12982 of 2022
Between:-
SMT. SHAMABAI W/O SURESH DHANAGAR ,
AGED ABOUT 36 YEARS, OCCUPATION:
HOUSEWIFE VILLAGE BAMANI POS
JALINER TEHSIL MANASA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANDEEP MEHTA, ADVOCATE )
AND
1.
PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
THROUGH
PRINCIPAL
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2.
STATE ELECTION COMMISSION THROUGH
CHIEF ELECTION COMMISSIONER BHOPAL
NIRWACHAN BHAWAN 58 ARERA HILLS
BHOPAL (MADHYA PRADESH)
3.
RETURING
OFFICER
(PANCHAYAT)
NEEMUCH COLLECTOR OFFICE (MADHYA
PRADESH)
4.
ASSISTANT
RETURNING
OFFICER
(PANCHAYAT)
NEEMUCH
COLLECTOR
OFFICE (MADHYA PRADESH)
5.
RADHA W/O DINESH PARIHAR VILLAGE
HANSPUR TAHSIL MANASA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADUMAN KIBE, G.A. )
(BY SHRI KAMAL AIREN, ADVOCATE FOR RESPONDENT NOS.2, 3
AND 4.)
2 W.P. No.12982 of 2022
(BY SHRI MUDIT MAHESHWARI, ADVOCATE FOR RESPONDENT
NO.5)
This petition coming on for orders this day, the court passed
the following:
O R D E R
Heard finally with the consent of the parties.
2.
This petition has been filed under Article 226 of the
Constitution of India challenging order dated 07.06.2022 passed by
the Returning Officer (Panchayat), Neemuch whereby petitioner's
election nomination Form for the post of Member Zila Panchayat,
Neemuch has been rejected on the basis of blank left entry in the
Form.
3.
Petitioner's case is that the election of Panchayat for the State of
Madhya Pradesh has been declared by the State Election Commission
and thus the election of Gram Panchayat, Manasa, District – Neemuch
has also been declared. After the notification of election, petitioner
submitted her Form for contesting in the election of Member Zila
Gram Panchayat., however, the aforesaid Form was opposed by the
respondent No.5 by filing the objection on 07.06.2022, before the
Returning Officer on the ground of false information furnished by the
petitioner as also the incomplete affidavit filed by the petitioner.
Aforesaid objection of the respondent No.5 was replied to by the
petitioner and the objection has been decided by the Returning Officer
vide impugned order dated 06.02.2022, holding that in Clause 2.10 of
para 9 of the Form submitted by the petitioner, which was in respect of
sales tax, she has left the columns blank.
3 W.P. No.12982 of 2022
4.
The case of the petitioner is that leaving the aforesaid entry
blank was a genuine human error and ought to have been allowed to
be rectified by the Returning Officer by informing the petitioner in
writing, which is also the mandate of the guidelines issued by the
Election Commission in this behalf, filed as Annexure P/5.
5.
In support of his contention, counsel has also relied upon a
decision rendered by the Division Bench of this Court of Gwalior
Bench in the case of Pradhuman Verma Vs. State of M.P. and
others reported as 2017 SCC Online MP 2305 wherein this Court has
held that a writ petition under Article 226 of the Constitution of India
would be maintainable and judicial review of decisions of statutory
bodies such as in a case of mala fide or arbitrary exercise of power
being made out or the statutory body being shown to have acted in
breach of law is permissible.
6.
Counsel has also relied upon a decision rendered by the Hon'ble
Supreme Court in the case of Election Commission of India
Through Secretary Vs. Ashok Kumar and others reported as (2000)
8 SCC 216 as also a decision rendered by the Supreme Court in the
case of Dravida Munnetra Kazhagam (DMK) Vs. Secretary,
Governer's Secretariat and others reported as (2020) 6 SCC 548
para 14.
7.
Counsel has submitted that the petition
