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1 W.P. No.13057 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. 13057 of 2022
Between:-
KRISHNA BAI W/O DINESH KUMAR PATIDAR
, AGED ABOUT 35 YEARS, VILLAGE KOTADA
BUJURG TEHSIL GAROTH (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SAMEER ATHAWALE, ADVOCATE )
AND
1.
THE STATE OF MADHYA PRADESH
PRINCIPAL SECRETARY VALLABH BHAWAN
DISTRICT BHOPAL (MADHYA PRADESH)
2. COLLECTOR AND DISTRICT ELECTION
OFFICER MANDSAUR (MADHYA PRADESH)
3.
RETURNING
OFFICER,
PANCHAYAT
ELECTIONS VILLAGE KOTADA BUJURG,
TEHSIL GAROTH (MADHYA PRADESH)
4.
MADHYA PRADESH STATE ELECTION
COMMISSION THROUGH CHIEF ELECTION
OFFICER NIRVACHAN BHAWAN, BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADYUMNA KIBE, G.A.)
(BY SHRI KAMAL AIREN, ADVOCATE FOR RESPONDENT NO.4)
This petition coming on for orders this day, the court passed
the following:
2 W.P. No.13057 of 2022
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 Village Kotada Bujurg, Tehsil Garoth, District
Mandsaur whereby the petitioner's Nomination Form for the
unreserved woman post of Sarpanch for Gram Panchayat Kotada
Bujurg, Janpad Panchayat Garoth on the ground that the no dues
certificate in respect of the electricity bill was not of the petitioner as
the electricity bill is in the name of the husband of the petitioner and
the no dues certificate has been issued by the electricity company in
the name of the petitioner's husband Dinesh Kumar Patidar. It is
submitted that it was only a technical objection which ought to have
been allowed to be cured by the Returning officer.
3.
Counsel for the petitioner has submitted that the petition has
been filed also on the ground that initially the petitioner's nomination
form was accepted by the Returning Officer, which is apparent from
the document Annexure P/4 wherein the Returning Officer has clearly
stated that the Form of the petitioner being in accordance with law is
accepted on 07.06.2022, however, the aforesaid Form has been
rejected on the same day holding that the no dues certificate is not in
the name of the petitioner. The aforesaid rejection of Nomination form
after accepting is not permissible under any law. Counsel has
submitted that none of the Rules or Guidelines prescribed by the
Election Commission provides for cancellation of Nomination Form
3 W.P. No.13057 of 2022
once it is accepted and even otherwise Sub-section (4) of Section 35
of The Madhya Pradesh Panchayat Nirvachan Niyam, 1995 provides
that the Returning Officer shall not reject any nomination paper on the
ground of mere clerical or printing error or any defect which is not of
a substantial character. Counsel has also relied upon Rule 34 of the
said Niyam and submitted that the petitioner being a rustic woman
was not aware of the technicalities of the nomination paper and even
on the Gram Panchayat Board, in the list of the requisite documents
sought from a candidate, it was simply stated that a document relating
to no dues of electricity bill shall also be produced and thus, as the
petitioner has no electricity connection in her name and the electricity
bill is issued in the name of petitioner's husband, the electricity
company has given no dues certificate in the name of petitioner's
husband. It is submitted that even that defect was curable in nature
even according to the reply filed by the respondent/Election
Commission. Thus, it is submitted that looking to the Rules of
Nirvachan Niyam, 1995 the petitioner ought to have been allowed to
cure the defect.
4.
Counsel for the Election Commission, on the other hand
