HUKUMCHAND Vs. DHEER JI

JUDGEMENT

(1.) IN this petition and also in other connected petitions filed under Articles 226 and 227 of the Constitution of India, one of the preliminary issue raised by the respondents, or I may say, one of the issue that cropped up for consideration was whether petition under Articles 226 or land 227 can he entertained against an order, whether final or interim, passed under the provisions of M.P. Panchayat Raj Adhiniyam 1993 (hereinafter referred to as an Act) ? or whether this Court would decline to interfere in the petition on the ground of an alternative statutory remedy available to the petitioner under the Act by way of an appeal or Revision as the case may be. In other words, the question that falls for consideration as one of the preliminary issue is whether an alternative remedy of appeal/revision for challenging an adverse order is available to the petitioner under the Act and if so should this Court entertain the writ. Yet another issue that falls for consideration is, if the remedy of appeal/revision is available then, against which order namely, final or interim, passed by specified authority in an election petition under the Act/Rules, it is so available ? These are broadly the questions which were argued by the learned counsel for the parties in this petition and also in other petitions involving identical points.

(2.) THIS petition as also other connected petitions arise out of election petitions filed either by the petitioner or by the respondents under section 122 read with Rule 3 of M.P. Panchayat (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules 1995, before the specified officer. In some cases, election petition has been dismissed on merits after trial. In some cases, though petition has been dismissed but on a preliminary objection taken by the non -applicant. In some cases, election petition is pending but some interlocutory orders have been passed on an application made either by election petitioner or by non -applicant. In effect, therefore, the challenge in these petitions is to two types of orders, one is final order disposing of election petition, whereas the other one is to interlocution order passed in pending election petition.

(3.) CONJOINT reading of aforementioned sections and Rules would clearly show that section 91 of the Act provides that an appeal or revision against the orders or proceedings of a Panchayat and other authorities under tills Act shall lie to such authority and in such manner as may be prescribed. In exercise of Rule making powers conferred under section 95 read with section 91, the State has framed Rules known as M.P. Panchayat (Appeal and Revision) Rules, 1995 (for short hereinafter called "Appeal Rules".) These Rules are applicable only for those appeals and revisions which are filed under section 91 ibid.