RAJKUMAR SHIVHARE Vs. ANAND KUMAR TIWARI

JUDGEMENT

(1.) As the question of law involved in both the writ petitions is one and the same, they have been taken up together and are being disposed of by this common order.

(2.) Mungabai and Rajeshwari (petitioner and respondent No. 1 respectively in W.P. No. 2783/2000) as also Rajkumar Shivhare and Anand Kumar Tiwari (petitioner and respondent No. 1 respectively in W.P. No. 2782/2000) were elected as members of Janpad Panchayat, Lakhnadon. Mungabai and Rajeshwari were candidates for the office of President of Janpad Panchayat, in which Mungabai has been declared elected. Rajeswari challenged the election of Mungabai as President of the Janpad Panchayat by way of an election petition filed under Section 122 of the M.P. Panchayat Raj Act 1993 (hereinafter referred to as the 'Act'). Similarly Rajkumar and Anand Tiwari contested the election of the office of Vice President of the Janpad Panchayat in which Rajkumar has been declared elected. Anand Tiwari questioning the election of Rajkumar, has also preferred election petition under Section 122 of the Act.

(3.) It is not in dispute that Rajeshwari and Anand Tiwari (hereinafter referred to as the election petitioners) presented the election petitions before the Collector, but later on, same were transferred by him to the Additional Collector for disposal. Mungabai and Raj Kumar Shivhare (hereinafter referred to as the 'returned candidates') questioned the jurisdiction of the Addl.Collector to hear the election petitions. Addl. Collector by separate orders dt. 2-5-2000 (Annexure P-1 in both the writ petitions) overruled the objection of the returned candidates and held that it has jurisdiction to hear the election petitions. Aggrieved by the same, returned candidates have filed these writ petitions under Articles 226 and 227 of the Constitution of India and pray for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the said orders.