BHANWARBAI Vs. MADHYA PRADESH STATE ELECTION COMMISSION

JUDGEMENT

(1.) This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) In brief, the facts of the case are that the petitioners No.1 to 13 are the elected members of the Janpad Panchayat, Ujjain whereas, the petitioner no.11 to 13 are the representatives of the members of the said Gram Panchayat whowere to participate in the election of President and Vice President of Janpad Panchayat, Ujjain which took place on 27/7/2022. The grievance of the petitioners is that on the date when the elections were to take place i.e. on 27/7/2022, the petitioners No.1 to 10 who are illiterate and other three members of the Janpad Panchayat who are being represented by petitioners No.11, 12 and 13 in this petition, were not allowed to cast their votes despite there being a specific provision for casting of votes as provided under Rule 16 (5) of Madhya Pradesh Panchayat (Up-Sarpanch, President and VicePresident) Nirvachan Niyam, 1995 which provides as under:-

(3.) Thus, the case of the petitioners is that the election took place in their absence wherein, they were deprived of their right to vote which has led to the election of respondent No.5 who has been declared as elected on 27/7/2022, as void, however, the notification as provided under Rule 22 has not been issued on account of the interim order passed by this Court on 4/8/2022.