AJAY PUROHIT Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) Challenging a Notification issued by the MP State Election Commission, notifying elections to the Municipal Council, Orchha and contending that constitution of Wards for the Municipal Council in question is contrary to the mandate of Section 29 of the MP Municipalities Act, this writ petition has been filed, and the prayer made is that the election notification and the proposal to hold the elections from 22nd December, 2015 be quashed.

(2.) It is pointed out in the writ petition that for the purpose of constitution of a Municipal Council, under section 29 of the Municipalities Act, it is the minimum requirement that there should be atleast 15 Wards, which are required to constitute a Municipal Council. It is stated that with regard to Orchha, two Wards - Singhpura and Lotna, have been included, both these Wards fall within the Wild Life Sanctuary Orchha and as the process for displacement of the entire population of these two Wards is under process, it is argued that these two Wards will be evacuated of its entire population, then there would be less than 15 Wards and, therefore, constitution of the Municipal Council itself would be illegal.

(3.) By bringing on record communications of the Forest Department and the action taken for rehabilitation of the population of these two Wards and by contending that with the passage of time and in the near future both these Wards would be evacuated of all its inhabitants, it will become an area within the Sanctuary and, therefore, the election proposed is illegal, this writ petition has been filed.