LAWS(MPH)-2024-1-122

RAJALBAI Vs. PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

Decided On January 04, 2024
Rajalbai Appellant
V/S
Panchayat And Rural Development Department Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the election of respondent No.13 to the post of Surpanch of Gram Panchayat Bhilkheda Vikas Khand, Narsinghgarh, District Rajgarh.

(2.) The petitioner and respondents No. 7, 8, 9, 10, 11, 12 and 13 contested the election of Sarpanch of the Gram Panchayat Bhilkheda held on 8/7/2022. The result was declared on 14/7/2022 and notified by the Returning Officer by which Smt. Anita w/o Shri Satyanarayan was declared as elected by securing 591 votes and the present petitioner secured 359 votes.

(3.) The petitioner instead of challenging the election of Smt. Anita w/o Shri Satyanarayan Surpanch of the Gram Panchayat by way of the election petition, has filed the present petition on the ground that respondent No.6 - Anita Bhawarlal W/o. Tejmal was the first wife of respondent No.14 - Satyanarayan. They were separated 15 years back and she was shifted to Jhalawad, Rajasthan and performed a second marriage with Shri Tejmal. However, her name continued in the voter list of Gram Panchayat. According to the petitioner, the petitioner Satyanarayan performed second marriage with Vinita i.e. respondent No.13 who contested the election of Gram Panchayat by impersonating Smt. Anita w/o Shri Satyanarayan /respondent No.6 . It is further submitted that the post of Surpanch of Gram Panchayat Bhilkheda was reserved for Scheduled Tribe (ST) women. Vinita is 'Ruhela' by caste which comes under Other Backward Classes (OBC) in the State of Madhya Pradesh.