RAMVATI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner Smt. Ramvati has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, assailing the order (Annexure P-l), whereby under Madhya Pradesh Panchayat Nirvachan Niyam, 1995 (hereinafter called "Rules of 1995") the elections for the post of Sarpanch are notified and the post of Sarpanch is decided to be filled up from General Women Category. Shri Singh assailing the order (Annexure P-l), submitted that by order dated 12-3-2010 (Annexure P-2) the petitioner was elected as Sarpanch by invoking Section 13 (2) of Panchayat Raj Kvam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam"). Since she was elected for the post of Sarpanch in accordance with the Adhiniyam, she has a valuable legal right to complete her tenure and notification issued midway, Annexure P-l, runs contrary to the mandate of the Adhiniyam and the Rules made thereunder.

(2.) Shri Singh further assailed Annexure P-l on the ground that the requirement of various provisions of the Rules of 1995 were not fulfilled. The petitioner submits that Annexure P-l is full of illegalities and infirmities and cannot sustain judicial scrutiny. It is the case of the petitioner that as per Section 17 (6) of the Adhiniyam, a Sarpanch shall be election from SC, ST and other Backward Class and if no Sarpanch is available from any of the said categories, bye-election cannot be held by District Returning Officer for the post of Sarpanch. It is further submitted that there exists no notification by the Election Commission as per Rule 28 of the Rules of 1995 and, accordingly, the order (Annexure P-l) is without authority, jurisdiction and competence.

(3.) The petitioner assailed the order (Annexure P-l) on yet another ground that the petitioner belongs to SC category and was duly elected as Sarpanch and before completion of her tenure, she cannot be thrown away by the impugned notification (Annexure P-l) dated 20-6-2011 and by conducting election for her post.