LILESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition under Article 226 of Constitution of India, the petitioner seeks a direction to the respondents to permit the petitioner to attend the Swearing Ceremony and caste his vote for the election of the President/Vice President, Municipal Council Hatod, Distist Indore which is scheduled to be Theld on 10/8/2022 between 12:30 PM to 01:00 PM.

(2.) Learned counsel for the petitioner submits that the petitioner has been externed for a period of six months by the District Magistrate, Indore. The petitioner is a duly elected Corporator of the Council of Hatod Ward No.3 and, therefore, as per Sec. 12 of the Madhya Pradesh Suraksha Adhiniyam, 1990 he may be granted temporary permission to enter for the purpose of casting vote. He further submits that the externment order has been duly complied and never committed any violation of the same. If the petitioner is not permitted to caste his vote the entire purpose of contesting the Election would be spoiled.

(3.) Learned counsel for the petitioner further submitted that he had applied under Sec. 12 of the Act to the District Magistrate on 1/8/2022, but till date no decision has been taken only with the purpose to frustrate the cause of the petitioner. Thus, under these circumstances directions may be issued to the respondent No.1 to permit the petitioner to participate in the voting which is scheduled on 10/8/2022 between 12:30 PM to 01:00 PM.