RAJARAM AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred for issuance of writ of quo warranto mainly with the allegations that the petitioner is a voter enrolled in Shivaji ward, Bina, District Sagar. Election of Janpad Panchayat, Sagar took place in the year 1999. Name of respondent No.3 was entered in the voter list of Gram Panchayat Lakhahar as revealed in the supplementary voter list marked as Annexure/P-2. He contested election for Janpad Panchayat, Sagar and was elected from Village Lakhahar. Copy of voter list was issued by the Election Officer, Sagar on 9.2.2000 wherein the name of respondent No.3 appears at serial no.17 of the voter list of Shivaji ward, Bina.

(2.) On declaration of election of Nagar Parishad, Bina, respondent No.3 submitted his resignation to the Zila Panchayat, Sagar on 24.9.2004 whose copy is on record as Annexure/P-4. At the time of submission of nomination form for election of Nagar Parishad, Bina, respondent No. 3 submitted his nomination form disclosing his name as Mahesh Kumar S/b Ram Lal, R/O Shivaji Ward, Bina. This was submitted alongwith affidavit, copy thereof is Annexure/P-7. An objection was taken by one Sunil Kumar Sahu on 6.11.2004 to the effect that the name of father of respondent No.3 is Panna Lal Rai and his name was not recorded in the voter list of Shivaji Ward within the Nagar Parishad limits of Bina. An objection was also raised that the name of respondent No.3 is already entered in the voter list of Gram Panchayat and therefore his name could not have been entered in the voter list of Nagar Parishad, Bina. This objection was not accepted. It is stated in the writ petition that respondent No.3 was elected as President of Nagar Parishad, Bina despite absence of his name in the voter list. Mahesh Rai S/o Panna Lal is different from Mahesh Kumar S/o Ram Lal recorded in the voter list of Nagar Parishad, Bina at serial no.54 (Annexure/P-3). To substantiate the aforesaid, marksheet of Pre Secondary School Examination has been placed on record as Annexure/P-10 which reveals that father's name of respondent no.3 is Panna Lal Khangar. Respondent No.3 is scheduled caste person and he submitted a Caste Certificate to the aforesaid effect as Contained in Annexure/P-12. Accordingly, it is stated that Mahesh S/o Ram Lal was elected as President of Nagar Parishad, Bina and not respondent No.3 with his father's name as Pannalal. Accordingly, it is Mahesh S/o Ram Lal and not the respondent No.3 with father's name as Panna Lal who was elected as President of Nagar Parishad, Bina. Thus, it is contended that he is occupying the office of President, without any entitlement and is liable to quit the said office usurped by him unauthorisedly.

(3.) In sum and substance, the contention of the learned counsel for the petitioner is that the name of respondent no. 3 was entered in the electoral roll of Gram Panchayat Lakhahar and he was not entitled to get enrolled as voter in the electoral roll of Shivaji Ward within the limits of Municipal Council, Bina. Further, father's name of respondent no. 3 being Pannalal and not Ramlal, he has no right to occupy the office of President of Municipal Council, Bina. On the basis of aforesaid main contention this petition has been preferred for the following relief: -