Raj Pratap Tiwari vs State of M.P. and Others

R.S. Jha, Judge

Heard Shri V. D. S. Chouhan, learned Counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition praying that the respondent authorities be directed to declare the petitioner as Sarpanch of Gram Panchayat, Chandouhi Dol, Tehsil Majholi, District Sidhi.

It is submitted by the learned Counsel for the petitioner that the petitioner has contested the election for the post of Sarpanch of the aforesaid village in which respondent no. 4 Jagya Narayan was the returned candidate. It is stated that the petitioner being aggrieved by the election of the respondent no. 4 had filed an election petition which has been allowed by the election tribunal on 7.8.2012 setting aside the election of respondent no. 4. It is submitted that inspite of the aforesaid order of the election tribunal, the respondent authorities are not declaring the petitioner as Sarpanch of the Gram Panchayat concerned and, therefore, the respondent authorities be directed to declare the petitioner as the elected Sarpanch of Gram Panchayat Chandouhi Dol.

On being asked repeatedly, the learned Counsel for the petitioner has failed to point out or produce any provision of law before this Court under which a person can be declared elected on the election of the returned candidate being set aside simply on account of the fact that he received the second highest votes. In fact, under the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules 1995, a specific relief to that effect has to be made by the election petitioner in the election petition itself after impleading all the contesting candidates as party and it is only thereafter that the election tribunal, after examining the facts and evidence on record, may issue a declaration that a person can be declared elected on the election of the returned candidate being set aside.

The learned Counsel for the petitioner has failed to point out that any such plea had been raised by the petitioner in the election petition or that the election tribunal has passed any such order declaring the petitioner as elected. In the absence of the same, I find no merit in the present petition which is, accordingly, dismissed.