ANITA KAROPE Vs. GEETA UIKEY

JUDGEMENT

(1.) THIS order shall dispose of Writ Appeal No. 1171/2006 (Smt. Anita Karope Vs. Smt. Geeta Uikey and 5 others) and Writ Appeal No. 1199/ 2006 (Smt. Basanti Uikey Vs. Geeta Uikey and 5 others ).

(2.) EACH of the appellant being aggrieved by the order dated 4. 11. 2006 passed by learned single Judge in Writ Petition No. 867/2005 (Smt. Geeta Uikey Vs. M. P. State Election Commission and others ) where under the writ application filed by the original petitioner Smt. Geeta Uikey was allowed has filed writ appeal under section 2 of M. P. Uchha Nyayalaya (Khand Nyapeeth Ko Appeal) Adhiniyam, 2005. The short facts necessary for disposal of these writ appeals are that the original petitioner Smt. Geeta Uikey was elected as the Sarpanch of Gram panchayat Ghoradongri, District Betul for the period 2000-2005. She contested for the post of Member from Seat No. 7 Banspur in respect of Janpad Panchayat ghoradongri and was elected by a reasonable margin. After the election of the members, a notice was issued to the elected Members for taking part in the election to the office of the President and the Vice President of Janpad Panchayat and the meeting was scheduled to be held at 11. 00 a. m. on 14. 2. 2005. The election programme is Annexure A/2 to this writ appeal. It provided that from 11. 00 to 11. 45 a. m the instructions would be issued to the candidates and thereafter nomination forms would be accepted. Between 11. 45 to 12. 00 noon a scrutiny would be made and thereafter, instructions would be given to the candidates regarding acceptance or rejection of the nominations. Between 12. 00 to 12. 30 candidates were made entitled to withdraw from the election. Between 12. 30 to 1. 00 ballot papers were to be prepared and thereafter, between 1. 00 to 1. 30 p. m elections were to be conducted. In the period between 1. 30 to 2. 00 p. m. ballot papers were to be counted, results were to be declared and Forms No. V, VI and vii were to be prepared and Form No. VI was to be issued. Between 2. 00 to 2. 45 p. m procedure for election of Vice President was to be adopted.

(3.) IT is not in dispute before us that the original petitioner Smt. Geeta Uikey contested for the post of President, Janpad Panchayat, the said election meeting commenced at 11. 00 a. m as scheduled on 14. 2. 2005. The nominations were submitted by Smt. Geeta Uikey, Smt. Anita Karope and Smt. Basanti Uikey. From the report submitted by the Returning Officer it appears that at about 12 35 noon and at about 12. 45 noon Smt. Geeta Uikey and Smt. Basanti Uikey submitted an application for withdrawal of their candidature but the said applications for withdrawal was rejected as the time to withdraw from the nomination had already run out. The Election Officer thereafter, prepared the ballots and allowed the voting. The voting was conducted between 1. 00 to 1,30 noon and 16 persons had taken part in the voting process. After the voting process was over the ballot box was opened and the votes cast in favour of the different; candidates were counted. It was declared publicly that Smt. Anita Karope, appellant in Writ Appeal No. 1j 71/2006 received one vote only while Smt. Basanti Uikey, appellant in Writ Appeal Nq. 1199/ 2006 received seven votes. The original petitioner/present respondentno. l Smt. Geeta uikey received eight votes. After the aforesaid counting of the votes before further ministerial act could be undertaken, at. about2. 15 p. m some Members of the Janpad and other persons along with Member of Legislative Assembly came in the voting hall and made an allegation that nine persons of the Janpad were. not allowed to enter by the mob standing near the gate and therefore, they could not cast their votes and under the circumstances revoting should be allowed. The other group opposed the said suggestion as a result of which the situation became. tense and chaotic. The returning Officer sought guidance from the Collector who instructed the -Returning officer to do the needful in accordance with the ules/law The Returning Officer thereafter, recorded the proceedings, and observed that as the situation of emergency had emerged and it was not possible to decide that whether the nine voters were in fact restrained/detained by the mob and were not sallowed to cast their votes,, he however, directed that looking to the chaotic/riot condition it would be in the interest of all the concerned to adjourn the election. Exercising the powers vested in him under Section 21 (1) of Madhya Pradesh Panchayat (Upsarpanch, President and vice President) Nirvachan Niyam, 1995,, the process of election of the President and, thereafter the process of election of Vice President was adjourned.